2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 8. PUBLIC SAFETY CHAPTER 5. POLICE AND FIRE LEAVES OF ABSENCE
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IC 36-8-5
Chapter 5. Police and Fire Leaves of Absence
IC 36-8-5-1
Application of chapter
Sec. 1. (a) This chapter applies to the following:
(1) All municipalities.
(2) A county having a consolidated city that establishes a
consolidated law enforcement department under IC 36-3-1-5.1.
(b) Section 2 of this chapter applies to any other political
subdivision that employs full-time, fully paid firefighters.
As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.227-2005,
SEC.38; P.L.1-2006, SEC.574.
IC 36-8-5-2
Leaves of absence; authorization; duration; renewal; compensation
Sec. 2. (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.
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.
IC 36-8-5-3
Military service; temporary leave of absence
Sec. 3. (a) An active member of a regularly organized police or
fire department who is:
(1) taken into military service by induction, enlistment, or
commission or assigned by the government for war work during
a national emergency declared by the president of the United
States or during armed hostilities in which the United States is
engaged; and
(2) temporarily absent from the department;
is considered to be a continuing member of the department on a
temporary leave of absence. The records of the department must
show the member in this status.
(b) Subsection (a) does not apply to a member who enlists or
reenlists when no emergency or war has been declared.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-4
Military leaves; overtime to cover vacancies
Sec. 4. The safety board and the police and fire chiefs may require
members of the police and fire departments to work overtime to cover
the vacancies created by members on temporary leave of absence
under section 3 of this chapter. For overtime work the police officers
and firefighters shall be compensated at a rate of pay not exceeding
the amount that would have been paid the regular members had they
not left for military service or been assigned to government war
work.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-5
Military leaves; use of temporary employees to cover vacancies
Sec. 5. (a) If, in the judgment of the executive, overtime work by
the regular police officers or firefighters under section 4 of this
chapter does not meet the requirements for public safety in the
municipality, the safety board and the police and fire chiefs may
employ persons temporarily. However, if there is an established merit
system, eligibility lists for appointment or promotion in effect must
be used in the selection of personnel before other temporary or
permanent appointments. These persons shall be employed as
temporary employees and are not members or beneficiaries of any
pension fund under this article. All temporary employees' service
terminates at the expiration of the emergency.
(b) Temporary employees and overtime work shall be paid out of
the unexpended appropriations for salaries of those on temporary
leave of absence under section 3 of this chapter.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-6
Military leaves; salary appropriations for absent employees
Sec. 6. A municipality shall make a sufficient appropriation in its
salary personnel budget appropriations for the police and fire
departments for all members on temporary leave of absence under
section 3 of this chapter. The personnel budget may not be reduced
so as to make it impossible to absorb members who have returned
from temporary leave.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-7
Military leaves; pension considerations
Sec. 7. (a) The monthly assessments against the salary of a
member of a 1925, 1937, 1953, or 1977 fund shall be waived while
the member is on temporary leave of absence under section 3 of this
chapter or on a leave of absence that qualifies for the protections
afforded by the Uniformed Services Employment and Reemployment
Rights Act (38 U.S.C. 4301 et seq.).
(b) A member of a 1925, 1937, 1953, or 1977 fund does not lose
his benefits from the fund because he fails to pay assessments that are
assessed against him while on temporary leave or on a leave of
absence that qualifies for the protections afforded by the Uniformed
Services Employment and Reemployment Rights Act (38 U.S.C.
4301 et seq.).
(c) Notwithstanding any provision of this chapter, a member of the
1925, 1937, 1953, or 1977 fund is entitled to service credit and
benefits in the amount and to the extent required by the Uniformed
Services Employment and Reemployment Rights Act (38 U.S.C.
4301 et seq.).
As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.5-1997,
SEC.14.
IC 36-8-5-8
Reinstatement after termination of military service
Sec. 8. (a) A police officer or firefighter desiring to return to
service in the police or fire department shall report to the person
responsible for regulating and employing members of the department.
This action must be taken within sixty (60) days after honorable
discharge from military service or government war work.
(b) Within fifteen (15) days after the police officer or firefighter
reports to the department, the police officer or firefighter shall be
placed on duty at the rank held at the time of entering military service
or government war work.
(c) If a member of the police or fire department is refused a proper
assignment under subsection (b), he may file an action in the circuit
court of the county in the manner prescribed by IC 36-8-3-4.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-9
Evidence of member's death
Sec. 9. Death notices from the department of defense or other
satisfactory proof of death are bona fide evidence of a member's
death. This evidence constitutes full authority for the local board of
a fund to carry out the law regarding deceased police officers and
firefighters and their beneficiaries.
As added by Acts 1981, P.L.309, SEC.54.
IC 36-8-5-10
Credit for time spent on leave
Sec. 10. (a) Except as provided in subsection (b) or (c), a member
on leave under either section 2 or section 3 of this chapter is entitled
to be credited with time spent in full-time employment for all
purposes, including retirement and pension benefits.
(b) A member of the 1925 fund, the 1937 fund, the 1953 fund, or
the 1977 fund who is granted an unpaid leave of absence under the
Family Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) shall be
credited with time spent on leave for the purposes of benefit
eligibility and vesting to the extent required by the Family Medical
Leave Act. The member shall not receive credit for purposes of
accruing additional benefits, except to the extent required by the
Family Medical Leave Act.
(c) This subsection applies to a member of the 1925 fund, the 1937
fund, the 1953 fund, or the 1977 fund who is granted a leave of
absence for service in an elected office under section 2 of this
chapter. In order to receive service credit in the 1925 fund, the 1937
fund, the 1953 fund, or the 1977 fund for the period of the leave of
absence, the member must pay to the applicable fund for or during
the leave the assessment or contribution that the member would have
paid during the period of the leave had the member not been on the
leave during that time. The member's employer may pay all or a part
of the assessment or contribution for the member.
As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.213-1995,
SEC.5; P.L.130-2008, SEC.3.
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