§ 10-16-7-5 — Government officers and employees; leave of absence for training or active duty; differential pay

Indiana § 10-16-7-5

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 16: INDIANA MILITARY CODE
• Ch. 7: Training and Active Duty of National Guard; Benefits of

Text

(a) Except as provided in subsections (d) and
(e), this section applies to all officers and employees of the state or any
county, township, municipality, or school corporation in Indiana who
are members.
(b) A member is entitled to receive from the member's employer a
leave of absence from the member's respective duties in addition to
regular vacation period without loss of time or pay for the time that the
member is:
(1) on training duties of the state under the order of the governor
as commander in chief; or
(2) a member of any reserve component under the order of the
reserve component authority;
for any consecutive or nonconsecutive period that does not exceed a
total of fifteen (15) days in any calendar year. The entitlement to a
leave of absence without loss of time or pay provided in this subsection
is not at the discretion of the member's employer.
(c) A member is entitled to receive from the member's employer a
leave of absence from the member's respective duties in addition to the
member's regular vacation period for the total number of days that the
member is on state active duty under section 7 of this chapter or other
active duty described in section 23 of this chapter. Except as provided
in subsections (d) and (e), a leave of absence provided under this
subsection may be with or without loss of time or pay at the discretion
of the member's employer.
(d) A leave of absence granted under subsection (c) to a qualified
member by the qualified member's employer must be granted without
loss of time.
(e) In addition to any other benefits provided in this chapter, a
qualified member is entitled to receive compensation equal to the
difference between the qualified member's active duty military pay and
the salary that the qualified member would have received from the
qualified member's employer if the qualified member had not been
called to active duty. The employer shall pay the qualified member
compensation under this subsection for the duration of the qualified
member's active duty military service. The employer shall pay the
qualified member's compensation under this subsection from money
appropriated to the employer.
[Pre-2003 Recodification Citation: 10-2-4-3 part.]

Legislative History

As added by P.L.2-2003, SEC.7. Amended by P.L.22-2017, SEC.6.