Learn about your rights when you take maternity leave in Indiana.
Indiana laws provide you job protection while you are away from work on maternity leave. Indiana maternity leave laws and regulations adhere to guidelines set forth in the Family and Medical Leave Act of 1993 (FMLA). Staff members at the Indiana State Personnel Department (SPD) are responsible for reviewing and updating the laws. By becoming familiar with the laws, employers and employees can plan for smooth leaves of absence following the birth or adoption of a child.
Time Off Before the Baby Is Born
In accordance with the Department of Labor FMLA and the Indiana SPD, you can take time off prior to the birth of your child. This time is part of your maternity leave. Check with your employer to see if they have additional rules that allow you to take medical disability time off should you have pregnancy complications that does not affect your maternity leave time. You are responsible for communicating with your employer (whether you work for a private firm or a government organization) the dates that you expect to start and return from your maternity leave.
Minimum Time Off
You can take up to 12 weeks of paid maternity leave during a one year period in Indiana. Time that you take off due to pregnancy complications, such as morning sickness, prior to the birth of your child counts against this 12 week minimum. Some employers allow you to take as much as six months of paid maternity leave time depending on how many years you have worked at the firm. Check with your employer's human resources department to see if you are eligible for additional maternity leave beyond what Indiana law mandates that you receive. Your job is protected while you are out on maternity leave and your employer cannot fill your position with another permanent hire while you are out during the minimum maternity leave period.
Intermittent Leave
Indiana employers are not required to allow employees to take half of their maternity leave immediately following the birth of their child and the other half several months after the child has been born. For example, your employer does not have to allow you to take eight weeks of maternity leave time immediately following the birth of your child and another four weeks off after your child turns six months old.
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