Bill Text: IN HB1468 | 2013 | Regular Session | Introduced
Bill Title: Leave for disaster service.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Employment, Labor and Pensions [HB1468 Detail]
Download: Indiana-2013-HB1468-Introduced.html
Citations Affected: IC 4-15-10-9; IC 22-2-16.
Synopsis: Leave for disaster service. Provides that a medical
professional who is a full-time employee of the state, a political
subdivision, or a private employer may not be disciplined for
responding to a call for assistance following a disaster if the employee
presents a written statement from a person in charge of the disaster
response for which the employee provided assistance stating that the
employee was engaged in disaster response activities at the time of the
employee's absence from work. Provides that an employee who is
injured while the employee is responding to a call for assistance
following a disaster may not be disciplined as a result of the injury or
an absence from work that does not exceed six months because of the
injury, if the employee provides evidence from a physician or other
medical authority showing: (1) treatment for the injury at the time of
the absence; and (2) a connection between the injury and the
employee's disaster response activities. Provides that an employee who
is disciplined by a political subdivision employer for a permitted
absence may bring a civil action against the employer within one year
of the discipline to recover back wages, fringe benefits, seniority rights,
and reinstatement to the employee's former position. Provides that a
public servant who permits or authorizes an employee of a political
subdivision under the public servant's supervision to be absent from
employment for disaster response activities does not commit ghost
employment.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Employment, Labor and
Pensions.
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A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
(b) As used in this section, "disaster" has the meaning set forth in IC 10-14-3-1.
(c) As used in this section, "medical professional" means an individual who is licensed and in good standing as any of the following:
(1) Physician.
(2) Nurse.
(3) Mental health practitioner.
(4) Veterinary practitioner.
(5) Public health practitioner.
(d) If an employee complies with subsection (e), the employee may not be disciplined:
(1) for an absence from employment in order to respond to a
call for assistance following a disaster before the time the
employee was to report to employment; or
(2) for leaving the employee's duty station to respond to a call
for assistance following a disaster if the employee secures
authorization from the employee's supervisor to leave the
employee's duty station whenever the employee has already
reported for work.
(e) An employee who responds to a call for assistance following
a disaster must present a written statement to the employee's
immediate supervisor from a person in charge of the disaster
response for which the employee provided assistance stating that
the employee was engaged in disaster response activities at the time
of the employee's absence from work.
(f) An employee who is injured while the employee is responding
to a call for assistance following a disaster may not be disciplined
as a result of the injury or an absence from work because of the
injury if the employee complies with subsection (g). However, for
each instance in which the employee responds to a call for
assistance following a disaster that results in an injury to the
employee, this subsection applies only to the period of the
employee's absence from work that does not exceed six (6) months
from the date of the injury.
(g) The immediate supervisor of an employee described in
subsection (f) may require the employee to provide evidence from
a physician or other medical authority showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee's
disaster response activities.
(h) To the extent required by federal or state law, information
obtained under subsection (g) by an immediate supervisor must be:
(1) retained in a separate medical file created for the
employee; and
(2) treated as a confidential medical record.
(i) The state personnel department shall administer an absence
from employment under subsection (f) in a manner consistent with
the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601
et seq.), as amended, and regulations or guidance issued under that
act.
Chapter 16. Leave for Disaster Service by Medical Professionals
Sec. 1. This chapter does not apply to an employee of the state who is subject to IC 4-15-10-9.
Sec. 2. As used in this chapter, "disaster" has the meaning set forth in IC 10-14-3-1.
Sec. 3. As used in this chapter, "medical professional" means an individual who is licensed and in good standing as any of the following:
(1) Physician.
(2) Nurse.
(3) Mental health practitioner.
(4) Veterinary practitioner.
(5) Public health practitioner.
Sec. 4. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
Sec. 5. (a) This section applies to an individual who is a medical professional employed full time by a political subdivision.
(b) If an employee complies with subsection (c), the employee may not be disciplined:
(1) for an absence from employment in order to respond to a call for assistance following a disaster before the time the employee was to report to employment; or
(2) for leaving the employee's duty station to respond to a call for assistance following a disaster if the employee secures authorization from the employee's supervisor to leave the employee's duty station whenever the employee has already reported for work.
(c) An employee who responds to a call for assistance following a disaster must present a written statement to the employee's political subdivision employer from a person in charge of the disaster response for which the employee provided assistance stating that the employee was engaged in disaster response activities at the time of the employee's absence from work.
(d) An employee who is injured while the employee is responding to a call for assistance following a disaster may not be disciplined as a result of the injury or an absence from work because of the injury if the employee complies with subsection (e). However, for each instance in which the employee responds to a call for assistance following a disaster that results in an injury to the employee, this subsection applies only to the period of the employee's absence from work that does not exceed six (6) months from the date of the injury.
(e) The political subdivision employer of an employee described
in subsection (d) may require the employee to provide evidence
from a physician or other medical authority showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee's
disaster response activities.
(f) To the extent required by federal or state law, information
obtained under subsection (e) by a political subdivision employer
must be:
(1) retained in a separate medical file created for the
employee; and
(2) treated as a confidential medical record.
(g) An employee who is disciplined by a political subdivision
employer in violation of subsection (b) or (d) 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 of 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 not later
than one (1) year after the date of the disciplinary action.
(h) 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 this section is not considered to have committed a
violation of IC 35-44.1-1-3(b).
Sec. 6. (a) This section applies to an individual who is a medical
professional employed full time by a private employer.
(b) If an employee complies with subsection (c), the employee
may not be disciplined:
(1) for an absence from employment in order to respond to a
call for assistance following a disaster before the time the
employee was to report to employment; or
(2) for leaving the employee's duty station to respond to a call
for assistance following a disaster if the employee secures
authorization from the employee's supervisor to leave the
employee's duty station whenever the employee has already
reported for work.
(c) An employee who responds to a call for assistance following
a disaster must present a written statement to the employee's
employer from a person in charge of the disaster response for
which the employee provided assistance stating that the employee
was engaged in disaster response activities at the time of the
employee's absence from work.
(d) An employee who is injured while the employee is
responding to a call for assistance following a disaster may not be
disciplined as a result of the injury or an absence from work
because of the injury if the employee complies with subsection (e).
However, for each instance in which the employee responds to a
call for assistance following a disaster that results in an injury to
the employee, this subsection applies only to the period of the
employee's absence from work that does not exceed six (6) months
from the date of the injury.
(e) The employer of an employee described in subsection (d)
may require the employee to provide evidence from a physician or
other medical authority showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee's
disaster response activities.
(f) To the extent required by federal or state law, information
obtained under subsection (e) by an employer must be:
(1) retained in a separate medical file created for the
employee; and
(2) treated as a confidential medical record.
