Indiana Military Leave, Family Military Leave and Guard Protections

Public employees. IC 10-16-7-5: every officer and employee of the state, a county, township, municipality or school corporation who is a Guard member or reservist is entitled to leave "without loss of time or pay" for state training duty or reserve orders, up to fifteen days a calendar year, in addition to vacation, and it "is not at the discretion of the member's employer". Leave for state active duty is also required, with or without pay. A "qualified member" on active duty is paid the difference between military pay and civilian salary. Guard members in private jobs. An employer who "knowingly or intentionally refuses to allow a member of the Indiana national guard to attend any assembly" at which the member has a duty commits a Class B misdemeanor (IC 10-16-7-4). Leave for state active duty is required, with or without pay (IC 10-16-7-6). Reservists in private jobs. IC 10-17-4-4 entitles a reservist called for temporary training to up to fifteen days of leave a year, with or without pay, restoration to the same or a similar position, and no loss of vacation, sick leave or other benefits. Family military leave. IC 22-2-13 applies to employers with at least fifty employees, including the state and local governments. An employee with twelve months' service and 1,500 hours in the past year whose spouse, parent, grandparent, child or sibling "is ordered to active duty" may take up to ten working days of unpaid leave a year in the thirty days before the orders, during the service member's leave, or in the thirty days after the orders end, with health coverage continued and restoration on return. Federal protections extended. IC 10-16-7-23 applies the Servicemembers Civil Relief Act to Indiana Guard members, and those of other states, ordered to state active duty for thirty or more consecutive days, and USERRA to Guard members ordered to active duty. Military protective orders. House Enrolled Act 1286 of 2026 requires a party to an Indiana protective order case to tell the court about any military protective order between the parties and lets the court consider one as evidence (IC 34-26-5-5 and -9).