Indiana 2025 Regular Session

Indiana House Bill HB1647 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. 1647
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-2-20.
7	7	Synopsis: Paid leave for mental health. Entitles an employee to at least
8	8	36 hours of paid mental health leave per calendar year. Provides that
9	9	unused paid mental health leave rolls over to the next calendar year and
10	10	that an employer is not required to pay out unused paid mental health
11	11	leave upon the termination of an employment relationship. Requires an
12	12	employee to provide reasonable advance notice when paid mental
13	13	health leave will be used. Prohibits an employer from discriminating or
14	14	taking adverse action against an employee who uses paid mental health
15	15	leave.
16	16	Effective: July 1, 2025.
17	17	Hatcher
18	18	January 21, 2025, read first time and referred to Committee on Employment, Labor and
19	19	Pensions.
20	20	2025 IN 1647—LS 7366/DI 153 Introduced
21	21	First Regular Session of the 124th General Assembly (2025)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2024 Regular Session of the General Assembly.
31	31	HOUSE BILL No. 1647
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning labor
33	33	and safety.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 22-2-20 IS ADDED TO THE INDIANA CODE AS
36	36	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
37	37	3 1, 2025]:
38	38	4 Chapter 20. Paid Mental Health Leave
39	39	5 Sec. 1. This chapter applies to a written or oral contract or
40	40	6 agreement entered into or renewed after June 30, 2025.
41	41	7 Sec. 2. (a) As used in this chapter, "employee" means an
42	42	8 individual employed or permitted to work or perform services for
43	43	9 remuneration under a contract of hire, written or oral, by an
44	44	10 employer.
45	45	11 (b) The term does not include a seasonal worker.
46	46	12 Sec. 3. (a) As used in this chapter, "employer" means:
47	47	13 (1) a person or entity that employs at least one (1) employee
48	48	14 in Indiana; or
49	49	15 (2) an agent of an employer described in subdivision (1).
50	50	16 (b) The term includes the state and political subdivisions of the
51	51	17 state.
52	52	2025 IN 1647—LS 7366/DI 153 2
53	53	1 Sec. 4. As used in this chapter, "person" means:
54	54	2 (1) an individual;
55	55	3 (2) a proprietorship;
56	56	4 (3) a partnership;
57	57	5 (4) a firm;
58	58	6 (5) an association;
59	59	7 (6) a corporation; or
60	60	8 (7) another legal entity.
61	61	9 Sec. 5. As used in this chapter, "seasonal worker" has the
62	62	10 meaning set forth in IC 22-4-8-4.
63	63	11 Sec. 6. (a) An employee who is absent from work to care for the
64	64	12 employee's own mental health is entitled to mental health leave for
65	65	13 the absence as provided by this chapter.
66	66	14 (b) An employer shall provide each employee at least thirty-six
67	67	15 (36) hours of paid mental health leave per calendar year.
68	68	16 Sec. 7. (a) The smallest increment in which an employee is
69	69	17 entitled to use paid mental health leave is the lesser of:
70	70	18 (1) one (1) hour; or
71	71	19 (2) the smallest increment the employer's payroll system uses
72	72	20 to account for absences or other use of time.
73	73	21 (b) Unused paid mental health leave carries over from one (1)
74	74	22 calendar year to the next calendar year.
75	75	23 (c) An employer is not required to pay out unused paid mental
76	76	24 health leave when an employment relationship with an employee
77	77	25 terminates.
78	78	26 Sec. 8. (a) If an employee is absent from work to care for the
79	79	27 employee's own mental health, the employer and the employee may
80	80	28 agree by mutual consent that the employee, during the same or the
81	81	29 immediately following pay period, may:
82	82	30 (1) work a number of hours equivalent to the number of hours
83	83	31 that the employee was absent; and
84	84	32 (2) by working the equivalent hours described in subdivision
85	85	33 (1), not be required to use paid mental health leave for the
86	86	34 absence.
87	87	35 (b) An employer may not require the employee:
88	88	36 (1) to work a number of hours equivalent to the number of
89	89	37 hours that the employee was absent; or
90	90	38 (2) as a condition for the employee to take paid mental health
91	91	39 leave, to search for or find a replacement employee to cover
92	92	40 the hours the employee will be absent.
93	93	41 Sec. 9. When the need to use paid mental health leave is
94	94	42 foreseeable, the employee shall make a good faith effort to provide
95	95	2025 IN 1647—LS 7366/DI 153 3
96	96	1 the employer advance notice of the employee's intent to use paid
97	97	2 mental health leave.
98	98	3 Sec. 10. (a) An employer may not interfere with, restrain, or
99	99	4 deny the exercise of or the attempt to exercise any right provided
100	100	5 under this chapter.
101	101	6 (b) An employer may not use an employee's decision to take
102	102	7 paid mental health leave as a negative factor in an employment
103	103	8 action, including hiring, evaluation, promotion, or termination.
104	104	2025 IN 1647—LS 7366/DI 153