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Indiana Family And Medical Leave


The Family-Medical Leave policy for Indiana's state employees is very similar to the federal FMLA. Below is a summary of Indiana's policy which highlights any difference from the federal law.

If you are considering taking leave, consult with your Human Resource Office for additional details- perferably with a supervisor to help assure that the information you receive is accurate.

Who Is Eligible?

The Family-Medical Leave policy covers all employees subject to the authority of the Governor (except employees of the State Police). In addition, to be eligible an employee must:

  1. Have been employed in an agency under the authority of the Governor for at least 12 months (consecutively or non-consecutively); and
  2. Worked at least 1,250 hours in the twelve-month period immediately preceding the need for leave. 

How Much Leave Am I Entitled To? 

Eligible employees are permitted up to 12 work weeks of leave per fiscal year (the fiscal year begins July 1; this is a different 12-month period than the FMLA uses). 

What Are Legitimate Reasons To Take Leave? 

You may take leave:

  1. Due to the birth of your child; (leave must be taken within 1 year of the child's birth)
  2. Placement of an adopted or foster care child in your home; ( leave must be taken within 1 year of placement)
  3. To care for a spouse, child, or parent with a serious health condition; or
  4. Due to your own serious health condition. 

What Notice Am I Required To Give? 

If your need for leave is foreseeable, you must submit your request for leave at least 30 days prior to when your leave is to begin. However, if 30 days notice is not possible, you must notify your employer as soon as practicable. 

Notice can be given orally, but you must follow up with a written request as soon as practicable. 

Will I Be Paid During My Leave? 

Unlike the FMLA, under Indiana law you must use up any accrued sick leave if you are taking Family-Medical Leave in connection with your own serious health condition or the serious health condition of your spouse, child, or parent who resides in your household. 

Can I Take Leave A Little At A Time? 

You may take leave intermittently if leave is in connection with your own serious health condition or the serious health condition of your spouse, child, or parent. However, to do so you must submit certification establishing that it is medically necessary to take leave intermittently 

Your agency may require that you submit recertification of medical necessity, but not more than once every 30 days (unless you are requesting an extension of your leave period, your circumstances have significantly changed, or the agency receives information casting doubt on your need for intermittent leave).

Is A Medical Opinion Required?

In addition to your initial request for leave, your agency may require a second opinion from a health care provider of its choosing (and to be paid for by the agency).

If first and second opinions are in conflict, the agency may require a third opinion. The third opinion must be received from a health care provider selected jointly by you and your agency. The third opinion will be final and binding.

Will My Job Be Protected While I Am On Leave?

You are entitled to be returned to the same or a similar position upon returning from leave. If your exact position is no longer available when you return, your agency must determine a similar position with equivalent pay, benefits and conditions of employment.

If you took leave due to your own serious health condition, you may be required to provide certification from a health care provider that you are now able to perform the "essential functions" of your position.

Will I Still Have Health Insurance While I Am On Leave?

Your agency is required to continue paying its portion of your health insurance premiums while you are on leave. However, you are also required to continue paying your portion of the premiums. If you choose not to pay your premiums, your coverage will not continue during leave. However, you will be entitled to have your insurance plan reinstated upon return to work.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 

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