ST16 Indiana (December 2007; Updated August 2010 - no changes to law)
1.18: USERRA and Other Laws
2.0: Paid Leave

Paid Military Leave for Indiana Employees

By CAPT Samuel F. Wright, JAGC, USN (Ret.)

Indiana law concerning military leave for employees of the state and its political subdivisions is somewhat confusing and leaves the matter of pay during activation to the discretion of the employer. The law is as follows:

"(a) This section applies to all officers and employees of the state or any county, township, municipality, or school corporation in Indiana who are members.

"(b) A member is entitled to receive from the member's employer a leave of absence from the member's respective duties in addition to regular vacation period without loss of time or pay for the time that the member is:

"(1) on training duties of the state under the order of the governor as commander in chief; or

(2) a member of any Reserve Component under the order of the Reserve Component authority;

"for any consecutive or nonconsecutive period that does not exceed a total of 15 days in any calendar year. The entitlement to a leave of absence without loss of time or pay provided in this subsection is not at the discretion of the member's employer.

"(c) A member is entitled to receive from the member's employer a leave of absence from the member's respective duties in addition to the member's regular vacation period for the total number of days that the member is on state active duty under section 7 [IC 10-16-7-7] of this chapter. A leave of absence provided under this subsection may be with or without loss of time or pay at the discretion of the member's employer." (Indiana Code, section 10-16-7-5.)

It is unclear how the 15-day period of paid military leave is computed. If a public employee is on military duty on a particular day, does that day count as one of the 15 authorized days even if the day is a weekend or a holiday? That issue needs to be clarified by the legislature or the state supreme court.

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