Indiana § 10-16-19-1 Application; discipline of employees of political subdivisions

Indiana Statutes

§ 10-16-19-1 — Application; discipline of employees of political subdivisions

Indiana·Title 10 PUBLIC SAFETY·Art. 16 INDIANA MILITARY CODE·Ch. 19 Civil Air Patrol

(a)This section does not apply to an employee of the state subject to IC 4-15-10-8.

(b)This section applies to an employee of a political subdivision who:

(1)is a member of the civil air patrol; and

(2)has notified the employee's employer in writing that the employee is a member of the civil air patrol.

(c)A political subdivision employer may not discipline an employee:

(1)for being absent from employment by reason of engaging in an emergency service operation that began before the time that the employee was to report to employment; or

(2)for leaving the employee's duty station to engage in an emergency service operation if the emergency service operation began after the employee had reported for work and the employee secured authorization from the employee's supervisor to leave the

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(a) This section does not apply to an
employee of the state subject to IC 4-15-10-8.
(b) This section applies to an employee of a political subdivision
who:
(1) is a member of the civil air patrol; and
(2) has notified the employee's employer in writing that the
employee is a member of the civil air patrol.
(c) A political subdivision employer may not discipline an
employee:
(1) for being absent from employment by reason of engaging in an
emergency service operation that began before the time that the
employee was to report to employment; or
(2) for leaving the employee's duty station to engage in an
emergency service operation if the emergency service operation
began after the employee had reported for work and the employee
secured authorization from the employee's supervisor to leave the
employee's duty station before leaving to engage in the emergency
service operation.
(d) A political subdivision employer may require an employee who
has been absent from employment as set forth in subsection (c)(1) or
(c)(2) to present a written statement from the commander or other
officer in charge of the civil air patrol at the time of the absence
indicating that the employee was engaged in an emergency service
operation at the time of the absence.
(e) An employee who is disciplined by the employee's employer in
violation of subsection (c) may bring a civil action against the employer
in the county of employment. In the action, the employee may seek the
following:
(1) Payment of back wages.
(2) Reinstatement to the employee's former position.
(3) Fringe benefits wrongly denied or withdrawn.
(4) Seniority rights wrongly denied or withdrawn.
An action brought under this subsection must be filed within one (1)
year after the date of the disciplinary action.
(f) A public servant (as defined in IC 35-31.5-2-261) who permits
or authorizes an employee of a political subdivision under the
supervision of the public servant to be absent from employment as set
forth in subsection (c) is not considered to have committed a violation
of IC 35-44.1-1-3(b).

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