Family Military Leave Law Update

Effective July 1, 2007, some Indiana employers are now required to give family members of armed forces personnel on active duty up to 10 days off annually as family military leave. The new Indiana law applies to all employers with at least 50 employees. Eligible employees are those who've been employed a year and have worked at least 1,500 hours in the last year.

Employers may require the employee to use vacation and other paid time off for this family military leave, otherwise the leave is unpaid.  Employers may require verification of eligibility for leave. Family members on active duty include siblings, spouses, children and grandchildren who are on active status for a period that exceeds 89 consecutive calendar days. The leave must be taken during the period of active duty or 30 days before the commencement of or after the termination of the active duty. The law provides for job protection and restoration rights.

Employers will want to include a provision on this new leave entitlement in policy handbooks and be prepared to field questions from employees concerning this new law.