§ 36-8-5-2 — Leaves of absence; authorization; duration; renewal; compensation

Indiana § 36-8-5-2

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 5: Police and Fire Leaves of Absence

Text

(a) The police chief or fire chief may be granted
a leave of absence by the authority who appointed the police chief or
fire chief. This appointing authority may also grant a leave of absence
to any other full-time, fully paid police officer or firefighter.
(b) A leave of absence under subsection (a) shall be granted for
service in the Indiana general assembly. A leave of absence under
subsection (a) may also be granted for service in any other elected
office or for one (1) of the following reasons:
(1) Sickness.
(2) Disability.
(3) Sabbatical purposes.
However, a leave of absence because of disability may not be granted
to a member of the 1977 fund under this subsection unless a leave
granted under subsection (g) has expired without disability benefits
having been paid from the 1977 fund. In the case of such an expiration,
a leave for purposes of disability may be granted under this subsection
but only until the member's eligibility for disability benefits is finally
determined.
(c) Before a leave of absence may be granted for sabbatical
purposes, the member must submit a written request explaining and
justifying the leave to the appointing authority. Sabbatical purposes
must be related to the improvement of the member's professional
performance and skills, such as education, special training, work
related experience, and exchange programs.
(d) This subsection applies to leaves of absence granted under
subsection (b)(1), (b)(2), or (b)(3). A leave of absence may extend for
a period of not more than one (1) year, determined by the appointing
authority, and may be renewed upon written request of the member.
(e) This subsection applies to leaves of absence granted for service
in an elected office. A police officer or firefighter who serves in the
general assembly shall be granted a leave for the time spent in this
service, including the time spent for committee or legislative council
meetings. Except as provided in IC 3-5-9, a police officer or firefighter
who serves in any other elected office may be granted a leave for the
time spent in this service. Leave for service in an elected office does
not diminish a police officer's or firefighter's rights under the police
officer's or firefighter's retirement or pension fund, except as provided
in section 10 of this chapter, or advancement on the police officer's or
firefighter's department salary schedule. For these purposes, the police
officer or firefighter is, despite the leave, considered to be a member of
the department during that time.
(f) This subsection applies to leaves of absence granted under
subsection (b)(1), (b)(2), or (b)(3). A member on leave may receive
compensation in an amount determined by the appointing authority, up
to a maximum amount that equals the member's salary before the leave
began.
(g) This subsection applies only to members of the 1977 fund. The
local board may grant a leave of absence for purposes of disability to
full-time, fully paid police officers or firefighters (including the police
chief or fire chief). The leave is subject to the following conditions:
(1) The police chief or fire chief must make a written
determination that there is no suitable and available work on the
appropriate department for which the fund member is or may be
capable of becoming qualified.
(2) The leave must be approved by the local board after a hearing
conducted under IC 36-8-8-12.7.
(3) The leave may not begin until the police officer or firefighter
has exhausted all paid leave for sickness.
(4) The leave shall continue until disability benefits are paid from
the 1977 fund. However, the leave may not continue for more
than six (6) months.
(5) During the leave, the police officer or firefighter is entitled to
receive compensation in an amount equal to fifty percent (50%)
of the salary of a first class patrolman or first class firefighter on
the date the leave begins.
Payments of compensation under this subsection may not be made from
the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund.
(h) Determinations under subsection (g) are not reviewable by the
board of trustees of the Indiana public retirement system.
(i) This subsection applies to leaves of absence granted under
subsection (a) or (b). An appointing authority shall establish a policy
in writing that specifies whether a police officer or firefighter is
entitled, during a leave of absence, to participate in any promotional
process or earn seniority. A policy established under this subsection is
subject to a department's existing disciplinary procedures. An
appointing authority shall reinstate a police officer or firefighter
returning from a leave at the merit or permanent rank determined under
the policy established under this subsection. However, except as
otherwise provided by federal law, an appointing authority is not
required to reinstate a police officer or firefighter in the job that the
police officer or firefighter held at the time the police officer's or
firefighter's leave began.
[Pre-Local Government Recodification Citations: subsection
(a) formerly 19-1-6.5-1 part; 19-1-6.5-2; subsection (b) formerly
19-1-6.5-3 part; subsection (c) formerly 19-1-6.5-3 part; 19-1-6.5-4;
subsection (d) formerly 19-1-6.5-5 part.]
As added by Acts 1981, P.L.309, SEC.54. Amended by
P.L.362-1983, SEC.1; P.L.311-1989, SEC.1; P.L.130-2008, SEC.2;
P.L.35-2012, SEC.109; P.L.135-2012, SEC.11.