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Emergency Law Inventory | Full Law Text

Law Number

Burns Ind. Code Ann. 36-8-12-10.9

Summary Title

Workers' Benefits: Local Government Employee Fire or Emergency Call Leave

Summary

A local government employee, responding to a fire or emergency call in their role as a volunteer, who is absent from work must notify the employer before the scheduled start time for the absence from employment to be excused by the employer. The employee is not entitled to leave and must utilize vacation leave, personal time, compensatory time off, or sick leave if they wish to be paid. An employee cannot be discriminated against for taking such leave.

Full Title

Notice of absence to employer by voluntary firefighter responding to emergency - Remuneration by employer

Full Text

(a) The employer may require an employee who will be absent from employment as set forth in: (1) section 10.5(c)(1) [IC 36-8-12-10.5(c)(1)]; or (2) section 10.7(b)(1) [IC 36-8-12-10.7(b)(1)]; of this chapter to notify the employer before the scheduled start time for the absence from employment to be excused by the employer. (b) The employer is not required to pay salary or wages to an employee who has been absent from employment as set forth in section 10.5(c) or 10.7(b) [IC 36-8-12-10.5(c) or IC 36-8-12-10.7(b)] of this chapter for the time away from the employee’s duty station. The employee may seek remuneration for the absence from employment by the use of: (1) vacation leave; (2) personal time; (3) compensatory time off; or (4) in the case of an absence from employment as set forth in section 10.5(c)(3) or 10.7(b)(3) [IC 36-8-12-10.5(c)(3) or IC 36-8-12-10.7(b)(3)] of this chapter, sick leave. (c) An employer shall administer an absence from employment as set forth in section 10.5(c)(3) or 10.7(b)(3) of this chapter in a manner consistent with the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), as amended and in effect on January 1, 2009.

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