IN
Indiana Senate Bill SB0409

Indiana 2025 Regular Session

Indiana Senate Bill SB0409 Compare Versions

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1+*ES0409.1*
2+April 3, 2025
3+ENGROSSED
4+SENATE BILL No. 409
5+_____
6+DIGEST OF SB 409 (Updated April 2, 2025 2:16 pm - DI 140)
7+Citations Affected: IC 22-2.
8+Synopsis: Employee absence for certain meetings. Prohibits an
9+employer from taking an adverse employment action against an
10+employee as a result of the employee's absence from work to attend an
11+attendance conference or a case conference committee meeting with
12+respect to the employee's child, except under certain circumstances.
13+Provides that an employer is not required to pay an employee for travel
14+or attendance time with respect to a conference or meeting. Requires
15+certain persons to provide documentation related to a conference or
16+meeting under certain circumstances.
17+Effective: July 1, 2025.
18+Pol Jr., Rogers, Niezgodski, Doriot,
19+Walker G, Hunley, Donato, Yoder,
20+Randolph Lonnie M, Jackson L
21+(HOUSE SPONSORS — CASH, OLTHOFF, MOSELEY, GARCIA WILBURN)
22+January 13, 2025, read first time and referred to Committee on Pensions and Labor.
23+January 30, 2025, amended, reported favorably — Do Pass.
24+February 4, 2025, read second time, amended, ordered engrossed.
25+February 5, 2025, engrossed.
26+February 11, 2025, returned to second reading.
27+February 19, 2025, re-read second time, amended, ordered engrossed.
28+February 20, 2025, re-engrossed. Read third time, passed. Yeas 30, nays 19.
29+HOUSE ACTION
30+March 3, 2025, read first time and referred to Committee on Employment, Labor and
31+Pensions.
32+April 3, 2025, reported — Do Pass.
33+ES 409—LS 7264/DI 141 April 3, 2025
134 First Regular Session of the 124th General Assembly (2025)
235 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
336 Constitution) is being amended, the text of the existing provision will appear in this style type,
437 additions will appear in this style type, and deletions will appear in this style type.
538 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
639 provision adopted), the text of the new provision will appear in this style type. Also, the
740 word NEW will appear in that style type in the introductory clause of each SECTION that adds
841 a new provision to the Indiana Code or the Indiana Constitution.
942 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1043 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 409
12-AN ACT to amend the Indiana Code concerning labor and safety.
44+ENGROSSED
45+SENATE BILL No. 409
46+A BILL FOR AN ACT to amend the Indiana Code concerning labor
47+and safety.
1348 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 22-2-20 IS ADDED TO THE INDIANA CODE AS
15-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2025]:
17-Chapter 20. Employee Absence to Attend Certain Meetings
18-Sec. 1. As used in this chapter, "case conference committee" has
19-the meaning set forth in IC 20-35-9-3.
20-Sec. 2. As used in this chapter, "child" means a biological child,
21-adopted child, foster child, or stepchild.
22-Sec. 3. As used in this chapter, "employee" means a person
23-employed or permitted to work or perform services for
24-remuneration under a contract of hire, written or oral, by an
25-employer.
26-Sec. 4. As used in this chapter, "employer" means the following:
27-(1) A sole proprietor, corporation, partnership, limited
28-liability company, or other entity with one (1) or more
29-employees.
30-(2) A state agency.
31-(3) A political subdivision (as defined in IC 36-1-2-13).
32-Sec. 5. As used in this chapter, "state agency" means an
33-authority, board, branch, commission, committee, department,
34-division, or other instrumentality of any of the following:
35-(1) The executive, including the administrative department of
36-SEA 409 2
37-state government.
38-(2) The legislative department of state government.
39-(3) The judicial department of state government.
40-(4) A state educational institution.
41-(5) A body corporate and politic created by statute.
42-Sec. 6. (a) Except as provided in subsections (b) and (c), an
43-employer may not take an adverse employment action against an
44-employee as a result of the employee's absence from work to
45-attend:
46-(1) an attendance conference under IC 20-33-2.5; or
47-(2) a case conference committee meeting;
49+1 SECTION 1. IC 22-2-20 IS ADDED TO THE INDIANA CODE AS
50+2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
51+3 1, 2025]:
52+4 Chapter 20. Employee Absence to Attend Certain Meetings
53+5 Sec. 1. As used in this chapter, "case conference committee" has
54+6 the meaning set forth in IC 20-35-9-3.
55+7 Sec. 2. As used in this chapter, "child" means a biological child,
56+8 adopted child, foster child, or stepchild.
57+9 Sec. 3. As used in this chapter, "employee" means a person
58+10 employed or permitted to work or perform services for
59+11 remuneration under a contract of hire, written or oral, by an
60+12 employer.
61+13 Sec. 4. As used in this chapter, "employer" means the following:
62+14 (1) A sole proprietor, corporation, partnership, limited
63+15 liability company, or other entity with one (1) or more
64+16 employees.
65+17 (2) A state agency.
66+ES 409—LS 7264/DI 141 2
67+1 (3) A political subdivision (as defined in IC 36-1-2-13).
68+2 Sec. 5. As used in this chapter, "state agency" means an
69+3 authority, board, branch, commission, committee, department,
70+4 division, or other instrumentality of any of the following:
71+5 (1) The executive, including the administrative department of
72+6 state government.
73+7 (2) The legislative department of state government.
74+8 (3) The judicial department of state government.
75+9 (4) A state educational institution.
76+10 (5) A body corporate and politic created by statute.
77+11 Sec. 6. (a) Except as provided in subsections (b) and (c), an
78+12 employer may not take an adverse employment action against an
79+13 employee as a result of the employee's absence from work to
80+14 attend:
81+15 (1) an attendance conference under IC 20-33-2.5; or
82+16 (2) a case conference committee meeting;
83+17 with respect to the employee's child.
84+18 (b) An employer may take an adverse employment action
85+19 against an employee as a result of the employee's absence from
86+20 work to attend a conference or meeting described in subsection (a)
87+21 if:
88+22 (1) the employee has attended more than one (1) conference
89+23 or more than one (1) meeting for the calendar year;
90+24 (2) the absence was longer than reasonably necessary to:
91+25 (A) attend; and
92+26 (B) travel to and from;
93+27 the conference or meeting; or
94+28 (3) the employee failed to give the employer notice of the
95+29 conference or meeting at least five (5) days in advance of the
96+30 conference or meeting.
97+31 (c) An employer is not required to pay an employee for:
98+32 (1) attending; or
99+33 (2) traveling to or from;
100+34 a conference or meeting described in subsection (a).
101+35 Sec. 7. (a) An employee shall provide to the employee's employer
102+36 documentation that the employee attended a conference or meeting
103+37 described in section 6 of this chapter.
104+38 (b) Upon request, a school shall provide to an employer or the
105+39 employee of the employer documentation of a conference or
106+40 meeting described in section 6 of this chapter.
107+41 Sec. 8. An employee shall make a reasonable effort to schedule
108+42 a conference or meeting described in section 6 of this chapter as an
109+ES 409—LS 7264/DI 141 3
110+1 electronic conference or meeting.
111+2 Sec. 9. This chapter expires July 1, 2029.
112+ES 409—LS 7264/DI 141 4
113+COMMITTEE REPORT
114+Mr. President: The Senate Committee on Pensions and Labor, to
115+which was referred Senate Bill No. 409, has had the same under
116+consideration and begs leave to report the same back to the Senate with
117+the recommendation that said bill be AMENDED as follows:
118+Page 1, line 4, delete "Case Conference".
119+Page 1, line 5, delete "Committee Meeting" and insert "Certain
120+Meetings".
121+Page 2, line 14, delete "attend a case conference committee meeting
122+for the".
123+Page 2, line 15, delete "employee's child." and insert "attend:
124+(1) a case conference committee meeting; or
125+(2) an attendance conference under IC 20-33-2.5;
48126 with respect to the employee's child.
49-(b) An employer may take an adverse employment action
127+Sec. 7. (a) An employee shall provide the employee's employer
128+documentation that the employee attended the meeting described
129+in section 6 of this chapter.
130+ (b) Upon request, a school shall provide to an employer or the
131+employee of the employer documentation of the meeting described
132+in section 6 of this chapter.".
133+and when so amended that said bill do pass.
134+(Reference is to SB 409 as introduced.)
135+ROGERS, Chairperson
136+Committee Vote: Yeas 11, Nays 0.
137+_____
138+SENATE MOTION
139+Mr. President: I move that Senate Bill 409 be amended to read as
140+follows:
141+Page 2, line 17, after "provide" insert "to".
142+Page 2, line 18, delete "the meeting" and insert "a conference or
143+meeting".
144+Page 2, line 21, delete "the meeting" and insert "a conference or
145+meeting".
146+(Reference is to SB 409 as printed January 31, 2025.)
147+POL JR.
148+ES 409—LS 7264/DI 141 5
149+SENATE MOTION
150+Mr. President: I move that Engrossed Senate Bill 409, which is
151+eligible for third reading, be returned to second reading for purposes of
152+amendment.
153+POL JR.
154+_____
155+SENATE MOTION
156+Mr. President: I move that Senate Bill 409 be amended to read as
157+follows:
158+Page 2, line 11, delete "An" and insert "(a) Except as provided in
159+subsections (b) and (c), an".
160+Page 2, delete lines 14 and 15, begin a new line block indented and
161+insert:
162+"(1) an attendance conference under IC 20-33-2.5; or
163+(2) a case conference committee meeting;".
164+Page 2, between lines 16 and 17, begin a new paragraph and insert:
165+"(b) An employer may take an adverse employment action
50166 against an employee as a result of the employee's absence from
51167 work to attend a conference or meeting described in subsection (a)
52168 if:
53169 (1) the employee has attended more than one (1) conference
54170 or more than one (1) meeting for the calendar year;
55171 (2) the absence was longer than reasonably necessary to:
56172 (A) attend; and
57173 (B) travel to and from;
58174 the conference or meeting; or
59175 (3) the employee failed to give the employer notice of the
60176 conference or meeting at least five (5) days in advance of the
61177 conference or meeting.
62178 (c) An employer is not required to pay an employee for:
63179 (1) attending; or
64180 (2) traveling to or from;
65-a conference or meeting described in subsection (a).
66-Sec. 7. (a) An employee shall provide to the employee's employer
67-documentation that the employee attended a conference or meeting
68-described in section 6 of this chapter.
69- (b) Upon request, a school shall provide to an employer or the
70-employee of the employer documentation of a conference or
71-meeting described in section 6 of this chapter.
72-Sec. 8. An employee shall make a reasonable effort to schedule
181+a conference or meeting described in subsection (a).".
182+Page 2, after line 22, begin a new paragraph and insert:
183+"Sec. 8. An employee shall make a reasonable effort to schedule
73184 a conference or meeting described in section 6 of this chapter as an
74185 electronic conference or meeting.
75-Sec. 9. This chapter expires July 1, 2029.
76-SEA 409 President of the Senate
77-President Pro Tempore
78-Speaker of the House of Representatives
79-Governor of the State of Indiana
80-Date: Time:
81-SEA 409
186+Sec. 9. This chapter expires July 1, 2029.".
187+ES 409—LS 7264/DI 141 6
188+(Reference is to SB 409 as reprinted February 5, 2025.)
189+ROGERS
190+_____
191+COMMITTEE REPORT
192+Mr. Speaker: Your Committee on Employment, Labor and Pensions,
193+to which was referred Senate Bill 409, has had the same under
194+consideration and begs leave to report the same back to the House with
195+the recommendation that said bill do pass.
196+(Reference is to SB 409 as reprinted February 20, 2025.)
197+VANNATTER
198+Committee Vote: Yeas 11, Nays 0
199+ES 409—LS 7264/DI 141