Introduced Version




HOUSE BILL No. 1095

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 22-2-15.

Synopsis: Employee personal leave. Provides that certain employees of certain employers are entitled to take: (1) 24 hours of paid leave; and (2) 16 hours of unpaid leave; in a 12 month period.

Effective: July 1, 2010.



Dvorak


    January 5, 2010, read first time and referred to Committee on Labor and Employment.




Introduced

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1095


    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 22-2-15; (10)IN1095.1.1. -->     SECTION 1. IC 22-2-15 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 15. Employee Personal Leave
    Sec. 1. This chapter applies after June 30, 2010.
    Sec. 2. As used in this chapter, "commissioner" refers to the commissioner of labor appointed under IC 22-1-1-2.
    Sec. 3. (a) As used in this chapter, "employee" means an individual who:
        (1) has been employed for at least six (6) months by an employer from whom the employee has requested leave under this chapter; and
        (2) has worked an average number of hours per week equal to at least eighty percent (80%) of a full-time equivalent position.
    (b) The term does not include an independent contractor (as described in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).
    Sec. 4. As used in this chapter, "employer" means the state or:
        (1) an individual;
        (2) a partnership;
        (3) an association;
        (4) a limited liability company;
        (5) a corporation;
        (6) a business trust;
        (7) a municipal corporation; or
        (8) a nonprofit corporation exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
that employs at least ten (10) employees for each working day during each of twenty (20) or more calendar weeks in the current or preceding calendar year.
    Sec. 5. An employee is entitled to take twenty-four (24) hours of paid leave in any twelve (12) month period.
    Sec. 6. A leave described in section 5 of this chapter is subject to the following conditions:
        (1) The employer may require an employee to submit a written request for the leave at least seven (7) days before the time desired for the leave if the need for the leave is reasonably foreseeable. If the need for the leave is not reasonably foreseeable, the employee shall give as much notice as is practicable.
        (2) Leave may not be taken in increments of less than four (4) hours.
    Sec. 7. An employee is entitled to take sixteen (16) hours of unpaid leave in any twelve (12) month period.
    Sec. 8. A leave described in section 7 of this chapter is subject to the following conditions:
        (1) The employer may require an employee to submit a written request for the leave at least seven (7) days before the time desired for the leave if the need for the leave is reasonably foreseeable. If the need for the leave is not reasonably foreseeable, the employee shall give as much notice as is practicable.
        (2) Leave may not be taken in increments of less than one (1) hour.
    Sec. 9. A notice in a form approved by the commissioner setting forth the rights of employees under this chapter must be conspicuously and continuously posted by the employer in the area in which employees are routinely employed.
    Sec. 10. The commissioner may adopt rules under IC 4-22-2 to implement this chapter.
    Sec. 11. The commissioner shall enforce this chapter.
    Sec. 12. The commissioner may issue any reasonable order to remedy a violation under this chapter.
    Sec. 13. (a) This chapter does not prohibit an employee from taking a leave granted under any other law.
    (b) This chapter does not prohibit an employer from providing leave in addition to the requirements of this chapter.