Introduced Version
HOUSE BILL No. 1244
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-10; IC 22-2-19.
Synopsis: Bereavement and parental leave. Provides three days of paid
leave for an employee of a state agency or a political subdivision to
attend the funeral of the employee's relative or grieve the death of the
employee's relative or a miscarriage experienced by the employee or
the employee's spouse. Provides 150 hours of paid leave for a full-time
employee of a state agency or a political subdivision and 75 hours of
paid leave for a part-time employee of a state agency or a political
subdivision upon: (1) the birth of the employee's child; (2) the birth of
a child to the employee's spouse; (3) the placement of a child for
adoption with the employee; or (4) the stillbirth of the employee's child.
Provides unpaid leave of not more than 10 working days for an
employee under certain circumstances related to the death of the
employee's child, a stillbirth, or a miscarriage. Prohibits an employer
from taking an adverse employment action against an employee who
exercises the rights provided by the unpaid leave requirements. Allows
the department of labor to collect civil penalties if an employer violates
the unpaid leave requirements. Provides that an employee may bring a
civil action against an employer to enforce the unpaid leave
requirements.
Effective: July 1, 2022.
Bauer M, Jackson
January 6, 2022, read first time and referred to Committee on Employment, Labor and
Pensions.
2022 IN 1244—LS 6980/DI 141 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1244
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-10-6.2 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]:
4 Chapter 6.2. Bereavement Leave for Public Employees
5 Sec. 1. As used in this chapter, "employee" means a person who
6 is employed full-time or part-time by a state agency or a political
7 subdivision.
8 Sec. 2. As used in this chapter, "miscarriage" means the natural
9 loss of a fetus before twenty (20) weeks of gestation.
10 Sec. 3. As used in this chapter, "political subdivision" has the
11 meaning set forth in IC 36-1-2-13.
12 Sec. 4. (a) As used in this chapter, "relative" means any of the
13 following:
14 (1) A spouse.
15 (2) A parent.
16 (3) A child.
17 (4) A sibling.
2022 IN 1244—LS 6980/DI 141 2
1 (5) A grandparent.
2 (6) A grandchild.
3 (7) A great-grandparent.
4 (8) A great-grandchild.
5 (9) A person living in the same household.
6 (b) For purposes of this section, a relative by adoption,
7 half-blood, marriage, or remarriage is considered as a relative of
8 whole kinship.
9 Sec. 5. As used in this chapter, "state agency" means an
10 authority, a board, a branch, a bureau, a commission, a committee,
11 a council, a department, a division, an office, an officer, a service,
12 or an instrumentality of the executive, judicial, or legislative
13 branch of state government. The term includes a state educational
14 institution (as defined in IC 21-7-13-32).
15 Sec. 6. (a) An employee shall be granted not more than three (3)
16 work days of paid leave in the event of the death of a relative or a
17 miscarriage experienced by the employee or the employee's spouse
18 to:
19 (1) attend:
20 (A) the funeral; or
21 (B) an alternative to a funeral;
22 of the employee's relative;
23 (2) make arrangements necessitated by the death of the
24 employee's relative; or
25 (3) grieve:
26 (A) the death of the employee's relative; or
27 (B) the miscarriage.
28 (b) The leave to which an employee is entitled under subsection
29 (a) must be completed less than sixty (60) days after the death of
30 the relative or the miscarriage.
31 Sec. 7. (a) A state agency or a political subdivision shall
32 compensate an employee granted leave under this chapter at the
33 employee's regular rate of pay for the regular work hours during
34 which the employee is absent from work.
35 (b) A leave of absence granted to an employee under this
36 chapter is in addition to vacation days, sick days, personal days,
37 and compensatory time that the employee accrues.
38 (c) An employee's service shall be considered uninterrupted by
39 a leave of absence under this chapter for purposes of determining
40 the following:
41 (1) Seniority.
42 (2) Salary or salary advancement.
2022 IN 1244—LS 6980/DI 141 3
1 (3) Performance awards.
2 (4) The receipt of a benefit that may be affected by a leave of
3 absence.
4 SECTION 2. IC 5-10-6.5 IS ADDED TO THE INDIANA CODE
5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]:
7 Chapter 6.5. Parental Leave for Public Employees
8 Sec. 1. As used in this chapter, "employee" means a person who
9 is employed by a state agency or a political subdivision.
10 Sec. 2. As used in this chapter, "political subdivision" has the
11 meaning set forth in IC 36-1-2-13.
12 Sec. 3. As used in this chapter, "state agency" means an
13 authority, a board, a branch, a bureau, a commission, a committee,
14 a council, a department, a division, an office, an officer, a service,
15 or an instrumentality of the executive, judicial, or legislative
16 branch of state government. The term includes a state educational
17 institution (as defined in IC 21-7-13-32).
18 Sec. 4. As used in this chapter, "stillbirth" means a birth after
19 twenty (20) weeks of gestation that is not a live birth.
20 Sec. 5. (a) A full-time employee who has been employed by a
21 state agency or a political subdivision for at least six (6) consecutive
22 months shall be granted not more than one hundred fifty (150)
23 hours of paid leave upon any of the following events:
24 (1) The birth of the employee's child.
25 (2) The birth of a child to the employee's spouse.
26 (3) The placement of a child for adoption with the employee.
27 (4) The stillbirth of the employee's child.
28 (b) A part-time employee who has been employed by a state
29 agency or a political subdivision for at least six (6) consecutive
30 months shall be granted not more than seventy-five (75) hours of
31 paid leave upon any of the following events:
32 (1) The birth of the employee's child.
33 (2) The birth of a child to the employee's spouse.
34 (3) The placement of a child for adoption with the employee.
35 (4) The stillbirth of the employee's child.
36 (c) Any leave to which an employee is entitled under subsection
37 (a) or (b) that is not taken:
38 (1) less than six (6) months after the birth, placement for
39 adoption, or stillbirth; or
40 (2) before the employee's separation from employment with
41 the state agency or the political subdivision;
42 whichever is earlier, is forfeited.
2022 IN 1244—LS 6980/DI 141 4
1 Sec. 6. (a) A state agency or a political subdivision shall
2 compensate an employee granted leave under this chapter at the
3 employee's regular rate of pay for the regular work hours during
4 which the employee is absent from work.
5 (b) A leave of absence granted to an employee under this
6 chapter is in addition to vacation days, sick days, personal days,
7 and compensatory time that the employee accrues.
8 (c) If an employee is eligible for leave under the federal Family
9 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), the leave
10 provided by this chapter runs concurrently with the amount of
11 leave available under the federal Family Medical Leave Act of 1993
12 (29 U.S.C. 2601 et seq.).
13 (d) An employee's service shall be considered uninterrupted by
14 a leave of absence under this chapter for purposes of determining
15 the following:
16 (1) Seniority.
17 (2) Salary or salary advancement.
18 (3) Performance awards.
19 (4) The receipt of a benefit that may be affected by a leave of
20 absence.
21 SECTION 3. IC 22-2-19 IS ADDED TO THE INDIANA CODE AS
22 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
23 1, 2022]:
24 Chapter 19. Child Bereavement Leave
25 Sec. 1. As used in this chapter, "child" includes:
26 (1) a biological child;
27 (2) an adopted child;
28 (3) a foster child;
29 (4) a stepchild; or
30 (5) a child of a person standing in loco parentis.
31 Sec. 2. As used in this chapter, "department" refers to the
32 department of labor created by IC 22-1-1-1.
33 Sec. 3. As used in this chapter, "employee" has the meaning set
34 forth in Section 101(2) of the federal Family and Medical Leave
35 Act of 1993 (29 U.S.C. 2611), as in effect on January 1, 2022.
36 Sec. 4. As used in this chapter, "employer" has the meaning set
37 forth in Section 101(4) of the federal Family and Medical Leave
38 Act of 1993 (29 U.S.C. 2611), as in effect on January 1, 2022.
39 Sec. 5. As used in this chapter, "miscarriage" means the natural
40 loss of a fetus before twenty (20) weeks of gestation.
41 Sec. 6. As used in this chapter, "stillbirth" means a birth after
42 twenty (20) weeks of gestation that is not a live birth.
2022 IN 1244—LS 6980/DI 141 5
1 Sec. 7. (a) Except as provided in subsection (c), an employee is
2 entitled to use not more than ten (10) working days of unpaid leave
3 to:
4 (1) attend:
5 (A) the funeral; or
6 (B) an alternative to a funeral;
7 of the employee's child;
8 (2) make arrangements necessitated by the death of the
9 employee's child;
10 (3) recover from a miscarriage or stillbirth; or
11 (4) grieve:
12 (A) the death of the employee's child;
13 (B) a miscarriage experienced by the employee or the
14 employee's spouse; or
15 (C) a stillbirth.
16 (b) The leave to which an employee is entitled under subsection
17 (a) must be completed less than sixty (60) days after the death of
18 the child, a miscarriage, or a stillbirth.
19 (c) If more than one (1) child of an employee dies during a
20 twelve (12) month period, the employee is entitled to use not more
21 than thirty (30) working days of unpaid leave during the twelve
22 (12) month period.
23 (d) An employee may elect to substitute any earned paid or
24 unpaid leave, including:
25 (1) family leave;
26 (2) medical leave;
27 (3) sick leave;
28 (4) annual leave; or
29 (5) personal leave;
30 available for use by the employee for any period of the leave to
31 which the employee is entitled under this chapter.
32 (e) This chapter does not entitle an employee to take leave that
33 exceeds the amount of leave available under the federal Family
34 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
35 Sec. 8. (a) Except as provided in subsection (b), an employee
36 shall notify the employer of the employee's intent to take leave
37 under this chapter at least forty-eight (48) hours before the date on
38 which the employee intends to begin the leave.
39 (b) An employee is not required to comply with subsection (a)
40 if the employee:
41 (1) is unable to provide at least forty-eight (48) hours notice
42 under the circumstances; and
2022 IN 1244—LS 6980/DI 141 6
1 (2) notifies the employer of the employee's intent to take leave
2 under this chapter as soon as practicable.
3 Sec. 9. (a) An employer may require an employee who requests
4 leave under this chapter to submit documentation related to the
5 child's death, stillbirth, or miscarriage, including any of the
6 following:
7 (1) A death certificate.
8 (2) A published obituary.
9 (3) A written verification of death, burial, or memorial
10 services from a mortuary, funeral home, burial society,
11 crematorium, religious institution, or government agency.
12 (4) A written verification of a stillbirth or miscarriage.
13 (b) If an employee fails to provide the documentation required
14 under subsection (a), an employer may consider the employee's
15 absence from employment unexcused.
16 Sec. 10. (a) An employer may not take an adverse employment
17 action against an employee because the employee:
18 (1) exercises or attempts to exercise the rights provided by
19 this chapter;
20 (2) opposes employer practices that the employee believes to
21 be in violation of this chapter; or
22 (3) supports another employee who exercises the rights
23 provided by this chapter.
24 (b) For the purposes of this section, an employee exercises the
25 rights provided by this chapter when the employee does any of the
26 following:
27 (1) Files an action or initiates a proceeding to enforce this
28 chapter.
29 (2) Provides or agrees to provide information related to a
30 request for leave under this chapter.
31 (3) Testifies or agrees to testify in an action or proceeding to
32 enforce this chapter.
33 Sec. 11. (a) An employee may file a complaint with the
34 department not later than sixty (60) days after the date of the last
35 occurrence of the alleged violation.
36 (b) The department shall receive and investigate a complaint
37 filed under subsection (a).
38 (c) If the department finds that an employer has violated this
39 chapter, the department may impose a civil penalty not to exceed:
40 (1) five hundred dollars ($500) for the first violation; or
41 (2) one thousand dollars ($1,000) for the second violation and
42 each subsequent violation.
2022 IN 1244—LS 6980/DI 141 7
1 Sec. 12. All civil penalties collected under section 11 of this
2 chapter shall be deposited in the state general fund.
3 Sec. 13. (a) An employee may bring a civil action against an
4 employer to enforce this chapter.
5 (b) An employee may bring an action under this section
6 regardless of whether a complaint has been filed under section 11
7 of this chapter.
8 (c) A court may order an award of any or all of the following to
9 an individual who prevails in an action under subsection (a):
10 (1) Compensatory damages.
11 (2) Back pay.
12 (3) Court costs.
13 (4) Reasonable attorney's fees.
14 (5) Declaratory or equitable relief, including injunctive relief.
15 Sec. 14. The department shall adopt rules under IC 4-22-2 to
16 carry out the department's responsibilities under this chapter.
2022 IN 1244—LS 6980/DI 141