Indiana 2022 Regular Session

Indiana House Bill HB1244 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1244
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-10; IC 22-2-19.
7	7	Synopsis: Bereavement and parental leave. Provides three days of paid
8	8	leave for an employee of a state agency or a political subdivision to
9	9	attend the funeral of the employee's relative or grieve the death of the
10	10	employee's relative or a miscarriage experienced by the employee or
11	11	the employee's spouse. Provides 150 hours of paid leave for a full-time
12	12	employee of a state agency or a political subdivision and 75 hours of
13	13	paid leave for a part-time employee of a state agency or a political
14	14	subdivision upon: (1) the birth of the employee's child; (2) the birth of
15	15	a child to the employee's spouse; (3) the placement of a child for
16	16	adoption with the employee; or (4) the stillbirth of the employee's child.
17	17	Provides unpaid leave of not more than 10 working days for an
18	18	employee under certain circumstances related to the death of the
19	19	employee's child, a stillbirth, or a miscarriage. Prohibits an employer
20	20	from taking an adverse employment action against an employee who
21	21	exercises the rights provided by the unpaid leave requirements. Allows
22	22	the department of labor to collect civil penalties if an employer violates
23	23	the unpaid leave requirements. Provides that an employee may bring a
24	24	civil action against an employer to enforce the unpaid leave
25	25	requirements.
26	26	Effective: July 1, 2022.
27	27	Bauer M, Jackson
28	28	January 6, 2022, read first time and referred to Committee on Employment, Labor and
29	29	Pensions.
30	30	2022 IN 1244—LS 6980/DI 141 Introduced
31	31	Second Regular Session of the 122nd General Assembly (2022)
32	32	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
33	33	Constitution) is being amended, the text of the existing provision will appear in this style type,
34	34	additions will appear in this style type, and deletions will appear in this style type.
35	35	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
36	36	provision adopted), the text of the new provision will appear in this style type. Also, the
37	37	word NEW will appear in that style type in the introductory clause of each SECTION that adds
38	38	a new provision to the Indiana Code or the Indiana Constitution.
39	39	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
40	40	between statutes enacted by the 2021 Regular Session of the General Assembly.
41	41	HOUSE BILL No. 1244
42	42	A BILL FOR AN ACT to amend the Indiana Code concerning labor
43	43	and safety.
44	44	Be it enacted by the General Assembly of the State of Indiana:
45	45	1 SECTION 1. IC 5-10-6.2 IS ADDED TO THE INDIANA CODE
46	46	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
47	47	3 JULY 1, 2022]:
48	48	4 Chapter 6.2. Bereavement Leave for Public Employees
49	49	5 Sec. 1. As used in this chapter, "employee" means a person who
50	50	6 is employed full-time or part-time by a state agency or a political
51	51	7 subdivision.
52	52	8 Sec. 2. As used in this chapter, "miscarriage" means the natural
53	53	9 loss of a fetus before twenty (20) weeks of gestation.
54	54	10 Sec. 3. As used in this chapter, "political subdivision" has the
55	55	11 meaning set forth in IC 36-1-2-13.
56	56	12 Sec. 4. (a) As used in this chapter, "relative" means any of the
57	57	13 following:
58	58	14 (1) A spouse.
59	59	15 (2) A parent.
60	60	16 (3) A child.
61	61	17 (4) A sibling.
62	62	2022 IN 1244—LS 6980/DI 141 2
63	63	1 (5) A grandparent.
64	64	2 (6) A grandchild.
65	65	3 (7) A great-grandparent.
66	66	4 (8) A great-grandchild.
67	67	5 (9) A person living in the same household.
68	68	6 (b) For purposes of this section, a relative by adoption,
69	69	7 half-blood, marriage, or remarriage is considered as a relative of
70	70	8 whole kinship.
71	71	9 Sec. 5. As used in this chapter, "state agency" means an
72	72	10 authority, a board, a branch, a bureau, a commission, a committee,
73	73	11 a council, a department, a division, an office, an officer, a service,
74	74	12 or an instrumentality of the executive, judicial, or legislative
75	75	13 branch of state government. The term includes a state educational
76	76	14 institution (as defined in IC 21-7-13-32).
77	77	15 Sec. 6. (a) An employee shall be granted not more than three (3)
78	78	16 work days of paid leave in the event of the death of a relative or a
79	79	17 miscarriage experienced by the employee or the employee's spouse
80	80	18 to:
81	81	19 (1) attend:
82	82	20 (A) the funeral; or
83	83	21 (B) an alternative to a funeral;
84	84	22 of the employee's relative;
85	85	23 (2) make arrangements necessitated by the death of the
86	86	24 employee's relative; or
87	87	25 (3) grieve:
88	88	26 (A) the death of the employee's relative; or
89	89	27 (B) the miscarriage.
90	90	28 (b) The leave to which an employee is entitled under subsection
91	91	29 (a) must be completed less than sixty (60) days after the death of
92	92	30 the relative or the miscarriage.
93	93	31 Sec. 7. (a) A state agency or a political subdivision shall
94	94	32 compensate an employee granted leave under this chapter at the
95	95	33 employee's regular rate of pay for the regular work hours during
96	96	34 which the employee is absent from work.
97	97	35 (b) A leave of absence granted to an employee under this
98	98	36 chapter is in addition to vacation days, sick days, personal days,
99	99	37 and compensatory time that the employee accrues.
100	100	38 (c) An employee's service shall be considered uninterrupted by
101	101	39 a leave of absence under this chapter for purposes of determining
102	102	40 the following:
103	103	41 (1) Seniority.
104	104	42 (2) Salary or salary advancement.
105	105	2022 IN 1244—LS 6980/DI 141 3
106	106	1 (3) Performance awards.
107	107	2 (4) The receipt of a benefit that may be affected by a leave of
108	108	3 absence.
109	109	4 SECTION 2. IC 5-10-6.5 IS ADDED TO THE INDIANA CODE
110	110	5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
111	111	6 JULY 1, 2022]:
112	112	7 Chapter 6.5. Parental Leave for Public Employees
113	113	8 Sec. 1. As used in this chapter, "employee" means a person who
114	114	9 is employed by a state agency or a political subdivision.
115	115	10 Sec. 2. As used in this chapter, "political subdivision" has the
116	116	11 meaning set forth in IC 36-1-2-13.
117	117	12 Sec. 3. As used in this chapter, "state agency" means an
118	118	13 authority, a board, a branch, a bureau, a commission, a committee,
119	119	14 a council, a department, a division, an office, an officer, a service,
120	120	15 or an instrumentality of the executive, judicial, or legislative
121	121	16 branch of state government. The term includes a state educational
122	122	17 institution (as defined in IC 21-7-13-32).
123	123	18 Sec. 4. As used in this chapter, "stillbirth" means a birth after
124	124	19 twenty (20) weeks of gestation that is not a live birth.
125	125	20 Sec. 5. (a) A full-time employee who has been employed by a
126	126	21 state agency or a political subdivision for at least six (6) consecutive
127	127	22 months shall be granted not more than one hundred fifty (150)
128	128	23 hours of paid leave upon any of the following events:
129	129	24 (1) The birth of the employee's child.
130	130	25 (2) The birth of a child to the employee's spouse.
131	131	26 (3) The placement of a child for adoption with the employee.
132	132	27 (4) The stillbirth of the employee's child.
133	133	28 (b) A part-time employee who has been employed by a state
134	134	29 agency or a political subdivision for at least six (6) consecutive
135	135	30 months shall be granted not more than seventy-five (75) hours of
136	136	31 paid leave upon any of the following events:
137	137	32 (1) The birth of the employee's child.
138	138	33 (2) The birth of a child to the employee's spouse.
139	139	34 (3) The placement of a child for adoption with the employee.
140	140	35 (4) The stillbirth of the employee's child.
141	141	36 (c) Any leave to which an employee is entitled under subsection
142	142	37 (a) or (b) that is not taken:
143	143	38 (1) less than six (6) months after the birth, placement for
144	144	39 adoption, or stillbirth; or
145	145	40 (2) before the employee's separation from employment with
146	146	41 the state agency or the political subdivision;
147	147	42 whichever is earlier, is forfeited.
148	148	2022 IN 1244—LS 6980/DI 141 4
149	149	1 Sec. 6. (a) A state agency or a political subdivision shall
150	150	2 compensate an employee granted leave under this chapter at the
151	151	3 employee's regular rate of pay for the regular work hours during
152	152	4 which the employee is absent from work.
153	153	5 (b) A leave of absence granted to an employee under this
154	154	6 chapter is in addition to vacation days, sick days, personal days,
155	155	7 and compensatory time that the employee accrues.
156	156	8 (c) If an employee is eligible for leave under the federal Family
157	157	9 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), the leave
158	158	10 provided by this chapter runs concurrently with the amount of
159	159	11 leave available under the federal Family Medical Leave Act of 1993
160	160	12 (29 U.S.C. 2601 et seq.).
161	161	13 (d) An employee's service shall be considered uninterrupted by
162	162	14 a leave of absence under this chapter for purposes of determining
163	163	15 the following:
164	164	16 (1) Seniority.
165	165	17 (2) Salary or salary advancement.
166	166	18 (3) Performance awards.
167	167	19 (4) The receipt of a benefit that may be affected by a leave of
168	168	20 absence.
169	169	21 SECTION 3. IC 22-2-19 IS ADDED TO THE INDIANA CODE AS
170	170	22 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
171	171	23 1, 2022]:
172	172	24 Chapter 19. Child Bereavement Leave
173	173	25 Sec. 1. As used in this chapter, "child" includes:
174	174	26 (1) a biological child;
175	175	27 (2) an adopted child;
176	176	28 (3) a foster child;
177	177	29 (4) a stepchild; or
178	178	30 (5) a child of a person standing in loco parentis.
179	179	31 Sec. 2. As used in this chapter, "department" refers to the
180	180	32 department of labor created by IC 22-1-1-1.
181	181	33 Sec. 3. As used in this chapter, "employee" has the meaning set
182	182	34 forth in Section 101(2) of the federal Family and Medical Leave
183	183	35 Act of 1993 (29 U.S.C. 2611), as in effect on January 1, 2022.
184	184	36 Sec. 4. As used in this chapter, "employer" has the meaning set
185	185	37 forth in Section 101(4) of the federal Family and Medical Leave
186	186	38 Act of 1993 (29 U.S.C. 2611), as in effect on January 1, 2022.
187	187	39 Sec. 5. As used in this chapter, "miscarriage" means the natural
188	188	40 loss of a fetus before twenty (20) weeks of gestation.
189	189	41 Sec. 6. As used in this chapter, "stillbirth" means a birth after
190	190	42 twenty (20) weeks of gestation that is not a live birth.
191	191	2022 IN 1244—LS 6980/DI 141 5
192	192	1 Sec. 7. (a) Except as provided in subsection (c), an employee is
193	193	2 entitled to use not more than ten (10) working days of unpaid leave
194	194	3 to:
195	195	4 (1) attend:
196	196	5 (A) the funeral; or
197	197	6 (B) an alternative to a funeral;
198	198	7 of the employee's child;
199	199	8 (2) make arrangements necessitated by the death of the
200	200	9 employee's child;
201	201	10 (3) recover from a miscarriage or stillbirth; or
202	202	11 (4) grieve:
203	203	12 (A) the death of the employee's child;
204	204	13 (B) a miscarriage experienced by the employee or the
205	205	14 employee's spouse; or
206	206	15 (C) a stillbirth.
207	207	16 (b) The leave to which an employee is entitled under subsection
208	208	17 (a) must be completed less than sixty (60) days after the death of
209	209	18 the child, a miscarriage, or a stillbirth.
210	210	19 (c) If more than one (1) child of an employee dies during a
211	211	20 twelve (12) month period, the employee is entitled to use not more
212	212	21 than thirty (30) working days of unpaid leave during the twelve
213	213	22 (12) month period.
214	214	23 (d) An employee may elect to substitute any earned paid or
215	215	24 unpaid leave, including:
216	216	25 (1) family leave;
217	217	26 (2) medical leave;
218	218	27 (3) sick leave;
219	219	28 (4) annual leave; or
220	220	29 (5) personal leave;
221	221	30 available for use by the employee for any period of the leave to
222	222	31 which the employee is entitled under this chapter.
223	223	32 (e) This chapter does not entitle an employee to take leave that
224	224	33 exceeds the amount of leave available under the federal Family
225	225	34 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
226	226	35 Sec. 8. (a) Except as provided in subsection (b), an employee
227	227	36 shall notify the employer of the employee's intent to take leave
228	228	37 under this chapter at least forty-eight (48) hours before the date on
229	229	38 which the employee intends to begin the leave.
230	230	39 (b) An employee is not required to comply with subsection (a)
231	231	40 if the employee:
232	232	41 (1) is unable to provide at least forty-eight (48) hours notice
233	233	42 under the circumstances; and
234	234	2022 IN 1244—LS 6980/DI 141 6
235	235	1 (2) notifies the employer of the employee's intent to take leave
236	236	2 under this chapter as soon as practicable.
237	237	3 Sec. 9. (a) An employer may require an employee who requests
238	238	4 leave under this chapter to submit documentation related to the
239	239	5 child's death, stillbirth, or miscarriage, including any of the
240	240	6 following:
241	241	7 (1) A death certificate.
242	242	8 (2) A published obituary.
243	243	9 (3) A written verification of death, burial, or memorial
244	244	10 services from a mortuary, funeral home, burial society,
245	245	11 crematorium, religious institution, or government agency.
246	246	12 (4) A written verification of a stillbirth or miscarriage.
247	247	13 (b) If an employee fails to provide the documentation required
248	248	14 under subsection (a), an employer may consider the employee's
249	249	15 absence from employment unexcused.
250	250	16 Sec. 10. (a) An employer may not take an adverse employment
251	251	17 action against an employee because the employee:
252	252	18 (1) exercises or attempts to exercise the rights provided by
253	253	19 this chapter;
254	254	20 (2) opposes employer practices that the employee believes to
255	255	21 be in violation of this chapter; or
256	256	22 (3) supports another employee who exercises the rights
257	257	23 provided by this chapter.
258	258	24 (b) For the purposes of this section, an employee exercises the
259	259	25 rights provided by this chapter when the employee does any of the
260	260	26 following:
261	261	27 (1) Files an action or initiates a proceeding to enforce this
262	262	28 chapter.
263	263	29 (2) Provides or agrees to provide information related to a
264	264	30 request for leave under this chapter.
265	265	31 (3) Testifies or agrees to testify in an action or proceeding to
266	266	32 enforce this chapter.
267	267	33 Sec. 11. (a) An employee may file a complaint with the
268	268	34 department not later than sixty (60) days after the date of the last
269	269	35 occurrence of the alleged violation.
270	270	36 (b) The department shall receive and investigate a complaint
271	271	37 filed under subsection (a).
272	272	38 (c) If the department finds that an employer has violated this
273	273	39 chapter, the department may impose a civil penalty not to exceed:
274	274	40 (1) five hundred dollars ($500) for the first violation; or
275	275	41 (2) one thousand dollars ($1,000) for the second violation and
276	276	42 each subsequent violation.
277	277	2022 IN 1244—LS 6980/DI 141 7
278	278	1 Sec. 12. All civil penalties collected under section 11 of this
279	279	2 chapter shall be deposited in the state general fund.
280	280	3 Sec. 13. (a) An employee may bring a civil action against an
281	281	4 employer to enforce this chapter.
282	282	5 (b) An employee may bring an action under this section
283	283	6 regardless of whether a complaint has been filed under section 11
284	284	7 of this chapter.
285	285	8 (c) A court may order an award of any or all of the following to
286	286	9 an individual who prevails in an action under subsection (a):
287	287	10 (1) Compensatory damages.
288	288	11 (2) Back pay.
289	289	12 (3) Court costs.
290	290	13 (4) Reasonable attorney's fees.
291	291	14 (5) Declaratory or equitable relief, including injunctive relief.
292	292	15 Sec. 14. The department shall adopt rules under IC 4-22-2 to
293	293	16 carry out the department's responsibilities under this chapter.
294	294	2022 IN 1244—LS 6980/DI 141