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Military Duty Leave for Employees in Indiana

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Indiana employers must provide employees with leave for military duty in accordance with these state rules.

Employees are entitled to leave of absence for state active duty. This leave is in addition to any regular vacation time and may be with or without loss of time or pay at the discretion of the employer.

Any reserve member of the Armed Forces of the United States called upon to receive temporary military training is entitled to a temporary leave of absence from employment, not to exceed 15 days in any one calendar year.

That person is required to provide the employer with evidence of the dates of departure and return as soon as practicable prior to departure and is also required to furnish the employer, upon return, with evidence of satisfactory completion of training.

Such leaves may be granted with or without pay within the discretion of the employer.

Temporary leaves of absence are not to affect the rights of the person to vacation leave, sick leave, or other normal benefits of employment.

Reinstatement

An employee who returns from training leave is entitled to be restored to the employee's previous position or a similar position, with the same status that was held before leaving for training.

Family Military Leave

Employers with 50 or more employees must provide unpaid leaves of absence for the spouse, parent, grandparent, or sibling of a person ordered to active duty during one or more of the following periods:

  • during the 30 days before active duty orders are in effect;
  • during a period in which the person ordered to active duty is on leave while active duty orders are in effect; or
  • during the 30 days after the active duty orders are terminated.

The leave of absence allowed for these purposes each year may not exceed a total of ten working days.

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