What You Need to Know About Indiana Family Leave

Knowing you can take family leave gives you one less thing to worry about when unforeseen circumstances take you away from the workplace. Here’s everything you need to know about taking family leave in Indiana.

The federal Family and Medical Leave Act (FMLA) dictates most of how Indiana family leave works. The FMLA allows eligible employees to take family or medical leave with the right to reinstatement. The right to reinstatement guarantees the employee can return to the same or equivalent position at work when they return.

FMLA and Indiana Family Leave Law

Under the FMLA and Indiana family leave law, eligible employees can take up to 12 weeks of leave for the following reasons:

  • Your serious health conditions.
  • A child, spouse, or parent’s serious health condition.
  • Having a new child. Either by birth, adoption, or getting a foster child.
  • Preparation for a family member’s military service.

Employees can take up to 12 weeks of medical leave in one 12-month period. If the employee remains eligible, the 12 weeks of leave is available every 12 months.

Indiana gives employees the right to take military family leave. Leave can be extended for employees who need to care for a family member seriously injured on active military duty. If you need to go on military caregiver leave, you can take up to 26 weeks in a single 12-month period. This extended leave is only allowed on a per-injury, per-service member entitlement.

Related: Indiana Workers’ Compensation Laws: Injured Employees

Indiana Military Family Leave

Employers with at least 50 employees must allow eligible employees to take up to 10 days of leave per year for military family reasons, which include:

  • During the 30 days before a family member’s active duty orders are in effect.
  • While a family member is on leave during active duty.
  • During the 30 days after a family member’s active duty orders are terminated.

The family member must be your spouse, parent, grandparent, or sibling ordered to active duty for 90 days or more.

Is Family Leave Paid in Indiana?

Family leave is not paid in Indiana. Whether you are paid or not is entirely up to your employer. The law only requires your employer to give you up to 12 weeks of family leave.

What Qualifies as a Serious Health Condition?

Indiana statutes define a serious health condition as a physical or mental condition:

  • Requiring you or your family member to be hospitalized overnight.
  • Requiring a doctor’s continuing treatment which results in three or more days off from work.
  • Causing incapacity because the condition is chronic and requires periodic treatment over an extended period of time.
    Or, causing permanent or long-term incapacity for which there may be no effective treatment

Who is Eligible Under the FMLA?

Employees are eligible for family leave under FMLA if they:

  • Worked for a company for at least one year.
  • Worked at least 1,250 hours during the previous year.
  • Worked at a location with at least 50 employees within a 75-mile radius.

You are entitled to family leave only if all three conditions are satisfied. If you are an employer, you are required to follow the FMLA if you have at least 50 employees for at least 20 years currently, or in the previous year.

Related: Can an Employer Sue an Employee for Poor Performance? 

Indiana Family Leave Rights

Employees are entitled to continue health insurance while on leave, at the same cost they pay while working. Employees are allowed to use accrued paid leave during their family leave, and sometimes their employer will allow their employees to do so. Family leave also guarantees reinstatement.

FAQs About Taking Family Leave in Indiana

What if my employer is not letting me take family leave?

If your employer is not allowing you to take family leave or firing you for taking family leave, you can sue your employer. Hiring a lawyer is recommended.

Contact Us

If you or a loved one would like to learn more about Taking Family Leave Indiana, get your free consultation with one of our Employment Attorneys in Indiana today!