Most Indiana workers have the right to take up to 12 weeks of leave over a 12-month period to care for a family member with a serious medical condition or to deal with their own serious medical condition.
Learn more about your rights under the Family and Medical Leave Act.
Who has a right to take leave?
You are eligible to take leave under the FMLA if all of the following is true:
- Your employer has at least 50 employees who work within a 75-mile radius.
- You have worked for your employer for at least one year.
- In the year before you take leave, you worked at least 1,200 hours for your employer.
What is a serious medical condition?
Serious medical condition is interpreted broadly by the Law. You or your family member do not have to be disabled. Here are some examples of qualifying conditions:
- A condition that requires you to be hospitalized
- A condition for which you have received medical treatment and which prevents you from working for at least three consecutive days
Who is considered a family member?
Family members includes your spouse, your children (including adopted or stepchildren), your parents and your grandparents.
Do I have to take my leave all at once?
You can take the 12 weeks of leave all at once or at different times during the twelve-month period.
Can my employer fire or demote me if I take leave?
If your employer retaliates against you for taking leave, you can sue you employer for damages such as lost income (past and future), emotional distress, and punitive damages. In some cases, you can also recover attorney fees.