Indiana program
Time off to care for your child (FMLA and employer leave)
Your employer's leave policy can add paid time to any federal job-protected leave you qualify for.
What it is
Your employer's leave policy can add paid time to any federal job-protected leave you qualify for.
Indiana has no statewide paid family leave program. Federal family leave may protect a job, while the employer's own policy determines available paid time. State employees have a specific sick-leave policy that can cover a child's illness.
Eligibility rules
- The 67.5-hour annual sick-leave policy is for full-time Indiana state employees.
- A public agency is covered by FMLA regardless of employer size. Employee eligibility still includes the 50-employees-within-75-miles test.
- Indiana has no statewide paid family-care leave program, general private-employer paid sick-leave mandate or general kin-care mandate. Employer policies and public-employer benefits may add paid time. Local governments can set benefits for their own employees but generally cannot require private employers to offer leave benefits.
What you get
- For full-time Indiana state employees, 67.5 sick-leave hours earned each year.
- A review of employer-paid time alongside any federal leave protection.
What the help includes
- Full-time covered state employees accrue 7.5 sick hours every two months and another 7.5 every four months, totaling 67.5 annually. Eligible part-time employees accrue half. HR confirms the earned balance; the annual total is not immediately available leave.
- FMLA eligibility also generally requires 12 months with the employer and 1,250 hours worked in the preceding 12 months.
If you decide to apply
- Ask HR for the written paid-time-off, sick-leave and family-leave policies.
- Have the expected treatment dates and work history ready for the leave discussion.
- Ask payroll how paid hours and federal protected leave would be recorded together.
Employer HR or payroll; Indiana State Personnel Department for state employees · Official page ↗
After you ask
- The clinic can complete medical certification for a qualifying federal leave request.
- HR can confirm in writing which days are paid and which have job protection.
Good to know
Employer paid time and federal leave can cover the same absence; HR can say in writing which days are paid and which are job-protected.
Other details
- Reporting that you are not working does not establish whether you are on leave or have separated from a job.
Official sources
“Which paid and unpaid leave could I use to care for my child? What would protect my job and health plan, what drawbacks should I understand, and could you help with the forms if leave fits?”
Why I’m asking: I want to understand pay, job protection and health insurance before making a work decision.
More background and detailed requirements
Additional program information and published rules
Who does what
The three parts, side by side. The agency decides; nobody on this page does.
You
Ask HR in writing and keep the answer.
Your social worker
HR states the policy and whether the federal leave law applies.
The care team
The clinic completes the medical certification the federal leave law needs.
- Who decides
- Your employer for its own policies; the federal leave law otherwise.
- Ask HR
- “Which leave does my job carry, paid and unpaid, and is this employer covered by the federal family leave law? Please put the answer in writing.”
How to apply
First step: Write to HR today asking which leave the job carries and whether the federal family leave law applies.
- Ask HR in writing for the leave policy and whether the employer is covered by the federal leave law.
- If you work for the state of Indiana, ask about the 67.5 sick hours and how they run alongside family leave.
Where it starts: Ask HR in writing which leave the job carries, paid and unpaid, and whether the employer is covered by the federal leave law.
What to gather
- The employee handbook
- Your start date and hours worked in the last year
- The number of employees at your site
How long: As long as HR takes; ask for the answer in writing with a date.
What a yes looks like
A written statement of the leave available and whether the job is held.
What a no looks like, and the next move
If the employer says no leave exists, read the federal leave item and ask the state labour department.
Watch out
- Employer-specific benefits can add paid time, but FMLA eligibility and the available earned balance must be checked separately.
- A government employer is covered by the federal leave law whatever its size, but you still need 50 employees at the site or within 75 miles.
Dates that change this
2026-09-10: Indiana has no statewide paid family-care leave program, general private-employer paid sick-leave mandate or general kin-care mandate. Employer policies and public-employer benefits may add paid time. Local governments can set benefits for their own employees but generally cannot require private employers to offer leave benefits.
The numbers and the rules
The arcane layer, kept on purpose. Checked September 11, 2026.
What it is worth
Federal family leave is the protection for most Indiana workers; state employees accrue 67.5 sick hours a year.
- $67.5/year — Annual sick-leave hours for a full-time state employee
Legal protection: Federal family leave covers public agencies whatever their size, though the employee still needs 50 employees at the site or within 75 miles · State-employee sick leave may be used for a child's illness when the absence is necessary
What it costs the family: None.
The eligibility facts, as published
- Scope
- Indiana has no statewide paid family-care leave program, general private-employer paid sick-leave mandate or general kin-care mandate. Employer policies and public-employer benefits may add paid time. Local governments can set benefits for their own employees but generally cannot require private employers to offer leave benefits.
The trap: An employer's coverage under FMLA does not prove that each worker qualifies. Your own work history and worksite still matter.
Where I read this
- State Employee Handbook, revised July 2026 — Indiana State Personnel Department, read September 10, 2026
- Fact Sheet 28, the Family and Medical Leave Act — U.S. Department of Labor, read September 10, 2026
- 29 CFR 825.108, public agency coverage — U.S. Government Publishing Office, read September 10, 2026
