31 Ind. Admin. Code 5-8-6

Current through October 31, 2024

Section 31 IAC 5-8-6 - Paid leave

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2; IC 20-24; IC 35-44.1-1-3

Sec. 6.

(a) Subject to prior approval by the director, an appointing authority may authorize leave with pay for an employee for the purpose of securing special education or training, other than departmental in-service, directly appropriate to the employee's position, which will result in benefit to the state.

(b) An appointing authority may allow leave with pay not to exceed three (3) regularly scheduled work days for the death of any of the following individuals:

(1) Husband.

(2) Wife.

(3) Father.

(4) Mother.

(5) Son.

(6) Daughter.

(7) Brother.

(8) Sister.

(9) Grandparent.

(10) Grandchild.

(11) The spouse of a relative listed in subdivisions (3) through (10).

(12) A person living in the same household with the employee.

For a married employee, members of the spouse's family listed in subdivisions (3) through (10) are included.

(c) An employee, except an employee paid by the hour or day, lawfully required to report for jury duty or serve as a witness before any body or agency having subpoena powers, shall be granted a leave of absence by their appointing authority from their position during the required absence for that duty. When a leave absence is granted for jury duty or to serve as a witness in matters relating to employment with the state, the employee receives that portion of their regular salary from the state that, together with the compensation for court service, equals their total regular salary for the same period.

(d) An employee who is a member of the armed forces reserves or the national guard is entitled to a leave of absence, not to exceed fifteen (15) work days in a calendar year, without losing pay or vacation time. The employee is required to submit a written order or an official statement requiring the military duty.

(e) A full-time or part-time employee is allowed leave with pay to voluntarily participate in activities benefitting another governmental entity or a charitable organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. Community service leave time is not to exceed a combined total of fifteen (15) hours for full-time employees and seven and one-half (7.5) hours for part-time employees each calendar year. Voluntary activities must not promote religion or attempt to influence legislation, governmental policy, or elections to public office.

(f) Once annually, agencies may organize and participate in an agency sponsored volunteer event benefitting another governmental entity or a charitable organization exempt from federal income taxation under Section 501(c)(3) that complies with IC 35-44.1-1-3. Employee participation at the event is voluntary and shall not exceed seven and one-half (7.5) hours of paid time. Time spent volunteering at an agency sponsored event counts toward an employee's use of the combined total cap of community service leave time established in subsection (e). For purposes of this section, "governmental entity" means:

(1) an agency;

(2) a department;

(3) a division of a federal, state, or local government;

(4) a separate body corporate and politic; or

(5) public schools, including charter schools established under IC 20-24.

(g) After the:

(1) birth of the employee's child;

(2) birth of a child to the employee's spouse; or

(3) placement of a child for adoption with the employee; a full-time or part-time employee employed at least six (6) consecutive months in a permanent position may request and receive paid leave. An eligible full-time employee may receive up to one hundred fifty (150) hours of paid leave. An eligible part-time employee may receive up to seventy-five (75) hours of paid leave. New parent leave not taken:

(1) within six (6) months after a birth or placement for adoption; or

(2) before separation from employment in state service; is forfeited. New parent leave runs concurrently with family medical leave (FML) for eligible employees charged FML for absences due to childbirth or parenting.

31 IAC 5-8-6

State Personnel Department; 31 IAC 5-8-6; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA

Readopted filed 6/1/2018, 9:50 a.m.: 20180627-IR-031180194RFA

Filed 8/19/2024, 5:25 p.m.: 20240918-IR-031240179FRA