2019 Indiana Code
Title 10. Public Safety
Article 16. Indiana Military Code
Chapter 7. Training and Active Duty of National Guard; Benefits of Members
10-16-7-5. Government officers and employees; leave of absence for training or active duty; differential pay
Sec. 5. (a) Except as provided in subsections (d) and (e), this section applies to all officers and employees of the state or any county, township, municipality, or school corporation in Indiana who are members.
(b) A member is entitled to receive from the member's employer a leave of absence from the member's respective duties in addition to regular vacation period without loss of time or pay for the time that the member is:
(1) on training duties of the state under the order of the governor as commander in chief; or
(2) a member of any reserve component under the order of the reserve component authority;
for any consecutive or nonconsecutive period that does not exceed a total of fifteen (15) days in any calendar year. The entitlement to a leave of absence without loss of time or pay provided in this subsection is not at the discretion of the member's employer.
(c) A member is entitled to receive from the member's employer a leave of absence from the member's respective duties in addition to the member's regular vacation period for the total number of days that the member is on state active duty under section 7 of this chapter or other active duty described in section 23 of this chapter. Except as provided in subsections (d) and (e), a leave of absence provided under this subsection may be with or without loss of time or pay at the discretion of the member's employer.
(d) A leave of absence granted under subsection (c) to a qualified member by the qualified member's employer must be granted without loss of time.
(e) In addition to any other benefits provided in this chapter, a qualified member is entitled to receive compensation equal to the difference between the qualified member's active duty military pay and the salary that the qualified member would have received from the qualified member's employer if the qualified member had not been called to active duty. The employer shall pay the qualified member compensation under this subsection for the duration of the qualified member's active duty military service. The employer shall pay the qualified member's compensation under this subsection from money appropriated to the employer.
[Pre-2003 Recodification Citation: 10-2-4-3 part.]
As added by P.L.2-2003, SEC.7. Amended by P.L.22-2017, SEC.6.
