*SB0409.3* Reprinted February 20, 2025 SENATE BILL No. 409 _____ DIGEST OF SB 409 (Updated February 19, 2025 3:03 pm - DI 153) Citations Affected: IC 22-2. Synopsis: Employee absence for certain meetings. Prohibits an employer from taking an adverse employment action against an employee as a result of the employee's absence from work to attend an attendance conference or a case conference committee meeting with respect to the employee's child, except under certain circumstances. Provides that an employer is not required to pay an employee for travel or attendance time with respect to a conference or meeting. Requires certain persons to provide documentation related to a conference or meeting under certain circumstances. Effective: July 1, 2025. Pol Jr., Rogers, Niezgodski, Doriot, Walker G, Hunley, Donato, Yoder, Randolph Lonnie M January 13, 2025, read first time and referred to Committee on Pensions and Labor. January 30, 2025, amended, reported favorably — Do Pass. February 4, 2025, read second time, amended, ordered engrossed. February 5, 2025, engrossed. February 11, 2025, returned to second reading. February 19, 2025, re-read second time, amended, ordered engrossed. SB 409—LS 7264/DI 141 Reprinted February 20, 2025 First Regular Session of the 124th General Assembly (2025) 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 word NEW will appear in that style type in the introductory clause of each SECTION that adds 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 2024 Regular Session of the General Assembly. SENATE BILL No. 409 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 22-2-20 IS ADDED TO THE INDIANA CODE AS 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2025]: 4 Chapter 20. Employee Absence to Attend Certain Meetings 5 Sec. 1. As used in this chapter, "case conference committee" has 6 the meaning set forth in IC 20-35-9-3. 7 Sec. 2. As used in this chapter, "child" means a biological child, 8 adopted child, foster child, or stepchild. 9 Sec. 3. As used in this chapter, "employee" means a person 10 employed or permitted to work or perform services for 11 remuneration under a contract of hire, written or oral, by an 12 employer. 13 Sec. 4. As used in this chapter, "employer" means the following: 14 (1) A sole proprietor, corporation, partnership, limited 15 liability company, or other entity with one (1) or more 16 employees. 17 (2) A state agency. SB 409—LS 7264/DI 141 2 1 (3) A political subdivision (as defined in IC 36-1-2-13). 2 Sec. 5. As used in this chapter, "state agency" means an 3 authority, board, branch, commission, committee, department, 4 division, or other instrumentality of any of the following: 5 (1) The executive, including the administrative department of 6 state government. 7 (2) The legislative department of state government. 8 (3) The judicial department of state government. 9 (4) A state educational institution. 10 (5) A body corporate and politic created by statute. 11 Sec. 6. (a) Except as provided in subsections (b) and (c), an 12 employer may not take an adverse employment action against an 13 employee as a result of the employee's absence from work to 14 attend: 15 (1) an attendance conference under IC 20-33-2.5; or 16 (2) a case conference committee meeting; 17 with respect to the employee's child. 18 (b) An employer may take an adverse employment action 19 against an employee as a result of the employee's absence from 20 work to attend a conference or meeting described in subsection (a) 21 if: 22 (1) the employee has attended more than one (1) conference 23 or more than one (1) meeting for the calendar year; 24 (2) the absence was longer than reasonably necessary to: 25 (A) attend; and 26 (B) travel to and from; 27 the conference or meeting; or 28 (3) the employee failed to give the employer notice of the 29 conference or meeting at least five (5) days in advance of the 30 conference or meeting. 31 (c) An employer is not required to pay an employee for: 32 (1) attending; or 33 (2) traveling to or from; 34 a conference or meeting described in subsection (a). 35 Sec. 7. (a) An employee shall provide to the employee's employer 36 documentation that the employee attended a conference or meeting 37 described in section 6 of this chapter. 38 (b) Upon request, a school shall provide to an employer or the 39 employee of the employer documentation of a conference or 40 meeting described in section 6 of this chapter. 41 Sec. 8. An employee shall make a reasonable effort to schedule 42 a conference or meeting described in section 6 of this chapter as an SB 409—LS 7264/DI 141 3 1 electronic conference or meeting. 2 Sec. 9. This chapter expires July 1, 2029. SB 409—LS 7264/DI 141 4 COMMITTEE REPORT Mr. President: The Senate Committee on Pensions and Labor, to which was referred Senate Bill No. 409, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows: Page 1, line 4, delete "Case Conference". Page 1, line 5, delete "Committee Meeting" and insert "Certain Meetings". Page 2, line 14, delete "attend a case conference committee meeting for the". Page 2, line 15, delete "employee's child." and insert "attend: (1) a case conference committee meeting; or (2) an attendance conference under IC 20-33-2.5; with respect to the employee's child. Sec. 7. (a) An employee shall provide the employee's employer documentation that the employee attended the meeting described in section 6 of this chapter. (b) Upon request, a school shall provide to an employer or the employee of the employer documentation of the meeting described in section 6 of this chapter.". and when so amended that said bill do pass. (Reference is to SB 409 as introduced.) ROGERS, Chairperson Committee Vote: Yeas 11, Nays 0. _____ SENATE MOTION Mr. President: I move that Senate Bill 409 be amended to read as follows: Page 2, line 17, after "provide" insert "to". Page 2, line 18, delete "the meeting" and insert "a conference or meeting". Page 2, line 21, delete "the meeting" and insert "a conference or meeting". (Reference is to SB 409 as printed January 31, 2025.) POL JR. SB 409—LS 7264/DI 141 5 SENATE MOTION Mr. President: I move that Engrossed Senate Bill 409, which is eligible for third reading, be returned to second reading for purposes of amendment. POL JR. _____ SENATE MOTION Mr. President: I move that Senate Bill 409 be amended to read as follows: Page 2, line 11, delete "An" and insert "(a) Except as provided in subsections (b) and (c), an". Page 2, delete lines 14 and 15, begin a new line block indented and insert: "(1) an attendance conference under IC 20-33-2.5; or (2) a case conference committee meeting;". Page 2, between lines 16 and 17, begin a new paragraph and insert: "(b) An employer may take an adverse employment action against an employee as a result of the employee's absence from work to attend a conference or meeting described in subsection (a) if: (1) the employee has attended more than one (1) conference or more than one (1) meeting for the calendar year; (2) the absence was longer than reasonably necessary to: (A) attend; and (B) travel to and from; the conference or meeting; or (3) the employee failed to give the employer notice of the conference or meeting at least five (5) days in advance of the conference or meeting. (c) An employer is not required to pay an employee for: (1) attending; or (2) traveling to or from; a conference or meeting described in subsection (a).". Page 2, after line 22, begin a new paragraph and insert: "Sec. 8. An employee shall make a reasonable effort to schedule a conference or meeting described in section 6 of this chapter as an electronic conference or meeting. Sec. 9. This chapter expires July 1, 2029.". SB 409—LS 7264/DI 141 6 (Reference is to SB 409 as reprinted February 5, 2025.) ROGERS SB 409—LS 7264/DI 141