§ 10-17-4-1 — Restoration to former position; seniority; pay

(a) This section is subject to IC 10-16-7-5 and
IC 10-16-7-6.
(b) A person who:
(1) is a qualified member of the reserve components of the armed
forces;
(2) is a member of the Ready Reserve;
(3) is a member of an organized unit;
(4) in order to receive military training with the armed forces of
the United States not to exceed fifteen (15) days in one (1)
calendar year:
(A) leaves a position other than a temporary position in the
employ of an employer; and
(B) provides evidence:
(i) defining date of departure and date of return for purposes
of military training ninety (90) days before the date of
departure; and
(ii) of the satisfactory completion of the training immediately
after the training is completed; and
(5) is qualified to perform the duties of the position described in
clause (A);
is entitled to be restored to the person's previous or a similar position
with the same status and pay.
(c) Seniority continues to accrue during a period of absence
described in subsection (a), and the period of absence for military
training must be construed as an absence with leave. At the discretion
of the employer, the leave may be with or without pay.
[Pre-2003 Recodification Citation: 10-5-8-1.]

Legislative History

As added by P.L.2-2003, SEC.8. Amended by P.L.260-2003, SEC.3.