Sec. 10.9. (a) The employer may require an employee who will be absent from employment as set forth in:

(1) section 10.5(c)(1); or

Terms Used In Indiana Code 36-8-12-10.9

  • Employee: means a person in the service of another person under a written or implied contract of hire or apprenticeship. See Indiana Code 36-8-12-2
  • Employer: means :

    Indiana Code 36-8-12-2

(2) section 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) 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) 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.

As added by P.L.43-2005, SEC.5. Amended by P.L.63-2009, SEC.4; P.L.1-2010, SEC.153.

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