Military and Emergency Services Leave Law Summaries
Indiana, Military and Emergency Services Leave Law Summaries
Indiana's military leave law is located in the Indiana Code Annotated at Title 10, Article 2, Chapter 4; Article 5, Chapter 8 and Chapter 9. Disaster service leave is located at Title 4, Article 15, Chapter 14. There are also special provisions dealing with volunteer firefighters and the civil air patrol.
The full text of these laws is available beginning at Wages-Hours ¶15-58,000 .
The state has also enacted a Military Family Leave law (P.L. 151 (H. 1092), L. 2007). The full text of the law is available beginning at Wages-Hours ¶15-58,037 ).
DEFINITIONS
“Employer” refers to an employer (Sec. 10-2-4-3.5):
other than the state of Indiana or a county, township, municipality, or school corporation in Indiana; and
that employs any employee other than an employee in a temporary position.
COVERAGE
Both private employers and public employers are covered by Indiana's military leave law.
WHAT THE EMPLOYER MUST DO
Military leave
Private employers: Length of leave.- A member of the Indiana National Guard 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. This leave of absence may be with or without loss of time or pay at the discretion of the employer (Sec. 10-2-4-3.5(b)).
Training.- Any reserve member of the armed forces of the United States called upon to receive temporary military training is entitled to a temporary leave of absence from employment, not to exceed 15 days in any one calendar year. Such person is required to provide the employer with evidence of the dates of departure and return as soon as practicable before the person's departure and is also required to furnish the employer, upon return, with evidence of satisfactory completion of training. Upon return, such person is to be restored to the employee's previous or a similar position, with the same status as held prior to the leave for training period. Such leaves may be granted with or without pay within the discretion of the employer (Secs. 10-5-9-1 and 10-17-4-4, as amended by H. 1933, L. 2003, effective July 1, 2003).
Temporary leaves of absence are not to affect the rights of the person to vacation leave, sick leave, or other normal benefits of employment (Secs. 10-5-9-1 and 10-17-4-4, as amended by H. 1933, L. 2003, effective July 1, 2003).
Reemployment.- An employee is entitled to be restored to the employee's previous position or a similar position, with the same status and pay, if the employee is a duly qualified member of the reserve components of the armed forces, a member of the ready reserve, a member of an organized unit who, in order to receive military training with the armed forces of the United States not to exceed 15 days in any one calendar year, leaves a position other than a temporary position in the employ of any employer, and who gives evidence defining the date of departure and date of return for purposes of military training 90 days prior to the date of departure, and who gives evidence of the satisfactory completion of such training immediately thereafter, and is still qualified to perform the duties of such position (Secs. 10-5-8-1 and 10-17-4-1, as amended by H. 1933, L. 2003, effective July 1, 2003).
Seniority is to continue to accrue during such period of absence, and such period of absence for military training is to be considered as an absence with leave. Within the discretion of the employer, said leave may be with or without pay (Secs. 10-5-8-1 and 10-17-4-1, as amended by H. 1933, L. 2003, effective July 1, 2003).
Absence for military training does not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of employment normally to be anticipated in the employee's position (Sec. 10-5-8-2).
Public employers.- Indiana's military leave law covering public employment applies to any officer or employee of the state, or any county, township, municipality, or school corporation in Indiana who is (Sec. 10-2-4-3(a) and (b), as amended by H. 1055, L. 2000, effective July 1, 2000):
a member of the Indiana National Guard;
a member of a reserve component;
a member of the retired personnel of the naval, air, or ground forces of the United States.
A member is entitled to a leave of absence from the member's respective duties, in addition to regular vacation period, without loss of time or pay for such time as the member is (Sec. 10-2-4-3(c), as amended by H. 1055, L. 2000, effective July 1, 2000):
on training duties of the state under the order of the governor as commander in chief, or
a member of any reserve component under the order of the reserve component authority
for consecutive or nonconsecutive periods not to exceed a total of 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.
A member is entitled to receive a leave of absence, in addition to a regular vacation period, for the total number of days that the member is on state active duty. This leave of absence may be with or without loss of time or pay at the discretion of the employer (Sec. 10-2-4-3(d), as amended by H. 1055, L. 2000, effective July 1, 2000).
Executive Order 05-18 (January 12, 2005).- The state shall pay to each eligible member of the Indiana National Guard, or other Indiana reserve component of the armed forces of the U.S., an amount equal to the difference between the soldier's basic active duty military salary and the salary the solider would be paid as an active state employee, including any adjustments the soldier would have received had he or she not been on leave of absence from state employment. This differential payment shall (1) be made only to employees of the state on active military service and whose basic active duty military salary is less than the salary the state employee would be paid as an active state employee; (2) be made at the intervals at which the soldier received pay as a state employee; and (3) terminate when the soldier is no longer on active duty.
The state shall also continue the employee's enrollment in health care coverage and the state's contribution toward that coverage, if any, until the soldier is covered by health coverage provided by the armed forces. If the employee had elected dependent coverage as of the time that the employee reported for active military service, the state shall offer the employee the option to continue the dependent coverage at the employee's own expense. The state shall also permit the employee to continue participating in any pretax account in which the employee participated at the time the employee reported for active military service.
Interaction with federal law.- The rights, benefits, and protections of the federal Soldiers' and Sailors' Civil Relief Act apply to a member of the Indiana national guard ordered to active duty for at least 30 consecutive days. As used in this section, “active duty” means (1) training or duty under federal law or (2) state active duty under Sec. 7 of Title 10, Art. 16, Ch. 7 of the Indiana Code, performed under an order of the governor (Sec. 10-16-7-23, as added by S. 365, L. 2003, effective retroactively to January 1, 2003).
The rights, benefits, and protections of the federal Uniformed Services Employment and Reemployment Rights Act apply to a member of the Indiana national guard ordered to active duty (Sec. 10-16-7-23, as added by S. 365, L. 2003, effective retroactively to January 1, 2003).
Military family leave
An employee who (Sec. 22-2-13-11, as amended by S. 356, L. 2009, effective July 1, 2009):
has been employed by an employer for at least 12 months;
has worked at least 1,500 hours during the 12 month period immediately preceding the day the leave begins; and
is the spouse, parent, grandparent, child or sibling of a person who is ordered to active duty;
is entitled to an unpaid leave of absence as provided just below.
An employee may take a leave of absence during one or more of the following periods (Sec. 22-2-13-11, as amended by S. 356, L. 2009, effective July 1, 2009):
during the 30 days before active duty orders are in effect.
during a period in which the person ordered to active duty is on leave while active duty orders are in effect.
during the 30 days after the active duty orders are terminated.
The leave of absence allowed each calendar year as described just above may not exceed a total of 10 working days (Sec. 22-2-13-11, as amended by S. 356, L. 2009, effective July 1, 2009).
An eligible employee may elect, or an employer may require the employee, to substitute any earned paid vacation leave, personal leave, or other paid leave, except for paid medical or sick leave, available to the employee for leave provided under this chapter for any part of the 10-day period of such leave (Sec. 22-2-13-11, as amended by S. 356, L. 2009, effective July 1, 2009).
Notice.- An employee who wants to take a leave of absence under this chapter shall provide written notice, including a copy of the active duty orders if available, to the employee's employer of the date the leave will begin. An employee shall give at least 30 days' notice before the date on which the employee intends to begin the leave, unless the active duty orders are issued less than 30 days before the date the requested leave is to begin (Sec. 3, P.L. 151 (H. 1092), L. 2007, effective July 1, 2007).
Verification of eligibility.- An employer may require verification of an employee's eligibility for the leave. If an employee fails to provide verification required under this subsection, an employer may consider the employee's absence from employment unexcused (Sec. 3, P.L. 151 (H. 1092), L. 2007, effective July 1, 2007).
Restoration.- Except as provided just below, after an employee takes a leave of absence under this chapter, an employee must be restored to (Sec. 3, P.L. 151 (H. 1092), L. 2007, effective July 1, 2007):
the position that the employee held before the leave; or
a position equivalent to the position that the employee held before the leave, with equivalent seniority, pay, benefits, and other terms and conditions of employment.
An employer is not required to restore an employee to a position described above if the employer proves that the reason that the employee was not restored to the position is unrelated to the employee's exercise of the employee's rights under this chapter (Sec. 3, P.L. 151 (H. 1092), L. 2007, effective July 1, 2007).
Health care benefits.- An employer shall permit an employee who is taking a leave of absence under this chapter to continue the employee's health care benefits at the employee's expense (Sec. 3, P.L. 151 (H. 1092), L. 2007, effective July 1, 2007).
Employee rights.- An employer shall not interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this chapter (Sec. 3, P.L. 151 (H. 1092), L. 2007, effective July 1, 2007).
Enforcement.- An employee may bring a civil action at law to enforce this chapter. A circuit court may enjoin any act or practice that violates this chapter, and order any other equitable relief that is just and proper under the circumstances to redress the violation of or to enforce this chapter (Sec. 3, P.L. 151 (H. 1092), L. 2007, effective July 1, 2007).
Coverage/definitions.- This chapter applies to an employer that employs at least 50 employees for each working day during each of at least 20 calendar work weeks (Sec. 3, P.L. 151 (H. 1092), L. 2007, effective July 1, 2007).
As used in this chapter, “employee” means a person employed or permitted to work or perform services for remuneration under a contract of hire, written or oral, by an employer. “Employer” includes the state and political subdivisions of the state (Sec. 3, P.L. 151 (H. 1092), L. 2007, effective July 1, 2007).
As used in this chapter, “child” means a biological child, adopted child, foster child, or stepchild (Sec. 22-2-13-2.5, as added by S. 356, L. 2009, effective July 1, 2009).
As used in this chapter, “grandparent” means a biological grandparent, an adoptive grandparent, a foster grandparent, or a stepgrandparent (Sec. 22-2-13-5, as amended by S. 356, L. 2009, effective July 1, 2009).
As used in this chapter, “parent” means a biological father or mother; an adoptive father or mother; a court appointed guardian or custodian; a foster parent; or a stepparent (Sec. 22-2-13-9, as amended by S. 356, L. 2009, effective July 1, 2009).
As used in this chapter, “sibling” means a biological brother or sister; an adoptive brother or sister; a foster brother or sister; or stepbrother or stepsisters (Sec. 22-2-13-10, as amended by S. 356, L. 2009, effective July 1, 2009).
Emergency services leave
Disaster service leave.- An employee of a state agency who is a certified disaster service volunteer; whose specialized disaster relief services are requested by the Red Cross in connection with a disaster; and who obtains consent from the employee's supervisor or appointing authority will be granted leave from work with pay for not more than 15 work days in each state fiscal year to participate in specialized disaster relief services.
The state agency must compensate an employee granted disaster services leave at the employee's regular rate of pay for the regular work hours during which the employee is absent from work. In addition, an employee granted leave under this chapter does not lose accrued seniority, vacation leave, sick leave, personal vacation days, compensatory time off or overtime (Sec. 4-15-14-7).
“Disaster” means an event that is designated under the American National Red Cross Regulations and Procedures to be at least as serious as a level III disaster and is proclaimed by the governor as a disaster warranting the leave allowed under this chapter (Sec. 4-15-14-2).
Volunteer firefighters.- This section does not apply to an employee of the state subject to Sec. 4-15-10-7 (Sec. 36-8-12-10.5(a), as added by H. 1257, L. 2004, effective July 1, 2004).
This section applies to an employee of a political subdivision who (Sec. 36-8-12-10.5(b), as amended by H. 1580, L. 2005, effective July 1, 2005):
is a volunteer firefighter or a volunteer member; and
has notified the employee's employer in writing that the employee is a volunteer firefighter or a volunteer member.
The political subdivision employer may not discipline an employee (Sec. 36-8-12-10.5(c), as added by H. 1257, L. 2004, effective July 1, 2004):
for being absent from employment by reason of responding to a fire or emergency call that was received before the time that the employee was to report to employment; or
for leaving the employee's duty station to respond to a fire or an emergency call if the employee has secured authorization from the employee's supervisor to leave the duty station in response to a fire or an emergency call received after the employee has reported to work.
The political subdivision employer may require an employee who has been absent from employment as set forth just above to present a written statement from the fire chief or other officer in charge of the volunteer fire department, or officer in charge of the volunteer emergency medical services association, at the time of the absence indicating that the employee was engaged in emergency firefighting or emergency activity at the time of the absence (Sec. 36-8-12-10.5(d), as amended by H. 1580, L. 2005, effective July 1, 2005).
An employee who is disciplined by the employer in violation of these provisions may bring a civil action against the employer in the county of employment. In the action, the employee may seek the following (Sec. 36-8-12-10.5(e), as added by H. 1257, L. 2004, effective July 1, 2004):
payment of back wages;
reinstatement to the employee's former position;
fringe benefits wrongly denied or withdrawn;
seniority rights wrongly denied or withdrawn.
An action brought under this subsection must be filed within one year after the date of the disciplinary action (Sec. 36-8-12-10.5(e), as added by H. 1257, L. 2004, effective July 1, 2004).
A public servant who permits or authorizes an employee of a political subdivision under the supervision of the public servant to be absent from employment as set forth above is not considered to have committed a violation of Sec. 35-44-2-4(b) (Sec. 36-8-12-10.5(f), as added by H. 1580, L. 2005, effective July 1, 2005).
This section applies to an employee of a private employer who (Sec. 36-8-12-10.7(a), as added by H. 1580, L. 2005, effective July 1, 2005):
is a volunteer firefighter or volunteer member; and
has notified the employee's employer in writing that the employee is a volunteer firefighter or volunteer member.
Except as provided in Sec. 36-8-12-10.7(c) below, the employer may not discipline an employee (Sec. 36-8-12-10.7(b), as added by H. 1580, L. 2005, effective July 1, 2005):
for being absent from employment by reason of responding to a fire or emergency call that was received before the time that the employee was to report to employment; or
for leaving the employee's duty station to respond to a fire or emergency call if the employee has secured authorization from the employee's supervisor to leave the duty station in response to a fire or an emergency call received after the employee has reported to work.
After the employer has received the required notice as described above, the employer may reject the notification from the employee on the grounds that the employee is an essential employee to the employer. If the employer has rejected the notification of the employee, Sec. 36-8-12-10.7(b) does not apply to the employee and the employee must promptly notify the fire chief or other officer in charge of the volunteer fire department or the officer in charge of the volunteer emergency medical services association of the rejection of the notice of the employee who is a volunteer firefighter or a volunteer member (Sec. 36-8-12-10.7(c), as added by H. 1580, L. 2005, effective July 1, 2005).
The employer may require an employee who has been absent from employment as set forth in Sec. 36-8-12-10.7(b) to present a written statement from the fire chief or other officer in charge of the volunteer fire department, or officer in charge of the emergency medical services association, at the time of the absence indicating that the employee was engaged in emergency firefighting or emergency activity at the time of the absence (Sec. 36-8-12-10.7(d), as added by H. 1580, L. 2005, effective July 1, 2005).
The employer may require an employee who will be absent from employment as set forth in Sec. 36-8-12-10.5(c)(1) or 36-8-12-10.7(b)(1) of this chapter to notify the employer before the scheduled start time for the absence from employment to be excused by the employer (Sec. 36-8-12-10.9(a), as added by H. 1580, L. 2005, effective July 1, 2005).
The employer is not required to pay salary or wages to an employee who has been absent from employment as set forth in Sec. 36-8-12-10.5(c) or Sec. 36-8-12-10.7(b) of this chapter for the time away from the employee's duty station. The employee may seek remuneration for the absence from employment by the use of: vacation leave, personal time, or compensatory time off (Sec. 36-8-12-10.9(b), as added by H. 1580, L. 2005, effective July 1, 2005).
Civil air patrol.- Effective July 1, 2007, an employee may not be disciplined for absence from work if (Sec. 4-15-10-8, as added by S. 166, L. 2007, effective July 1, 2007):
the employee is a member of the Indiana wing of the civil air patrol;
the employee has notified the employee's immediate supervisor in writing that the employee is a member of the civil air patrol;
in the event that the employee has already reported for work on the day of the emergency service operation, the employee secures authorization from the employee's supervisor to leave the employee's duty station before leaving to engage in the emergency service operator; and
the employee presents a written statement to the employee's immediate supervisor from the commander or other officer in charge of the civil air patrol indicating that the employee was engaged in an emergency service operation at the time of the employee's absence from work.
“Emergency service operation” includes the following operations of the civil air patrol (Sec. 10-16-1-9.5, as added by S. 166, L. 2007, effective July 1, 2007):
search and rescue missions designated by the Air Force Rescue Coordination Center.
disaster relief, when requested by the federal or state emergency management agency.
humanitarian services, when requested by the federal or state emergency management agency.
U.S. Air Force support designated by the First Air Force, North American Aerospace Defense Command.
This section does not apply to an employee of the state subject to Sec. 4-15-10-8 (see just above) (Sec. 5, S. 166, L. 2007, effective July 1, 2007).
This section applies to an employee of a political subdivision who (Sec. 5, S. 166, L. 2007, effective July 1, 2007):
is a member of the civil air patrol; and
has notified the employee's employer in writing that the employee is a member of the civil air patrol.
A political subdivision employer may not discipline an employee (Sec. 5, S. 166, L. 2007, effective July 1, 2007):
for being absent from employment by reason of engaging in an emergency service operation that began before the time that the employee was to report to employment; or
for leaving the employee's duty station to engage in an emergency service operation if the operation began after the employee had reported for work and the employee secured authorization from the employee's supervisor to leave the employee's duty station before leaving to engage in the emergency service operation.
A political subdivision employer may require an employee who has been absent from employment as set forth in items (1) or (2) immediately above to present a written statement from the commander or other officer in charge of the civil air patrol at the time of the absence indicating that the employee was engaged in an emergency service operation at the time of the absence (Sec. 5, S. 166, L. 2007, effective July 1, 2007).
An employee who is disciplined by the employee's employer in violation of the law (see above) may bring a civil action against the employer in the county of employment. In the action, the employee may seek the following (Sec. 5, S. 166, L. 2007, effective July 1, 2007):
payment of back wages;
reinstatement to the employee's former position;
fringe benefits wrongly denied or withdrawn;
seniority rights wrongly denied or withdrawn.
An action brought under this subsection must be filed within one year after the date of the disciplinary action (Sec. 5, S. 166, L. 2007, effective July 1, 2007).
Private employment.- This section applies to an employee of a private employer who (Sec. 5, S. 166, L. 2007, effective July 1, 2007):
is a member of the civil air patrol; and
has notified the employee's employer in writing that the employee is a member of the civil air patrol.
Except as otherwise provided below, the employer may not discipline an employee (Sec. 5, S. 166, L. 2007, effective July 1, 2007):
for being absent from employment by reason of engaging in an emergency service operation that began before the time that the employee was to report to employment; or
for leaving the employee's duty station to engage in an emergency service operation if the emergency service operation began after the employee had reported for work and the employee secured authorization from the employee's supervisor to leave the employee's duty station before leaving to engage in the emergency service operation.
After an employer is notified that an employee is a member of the civil air patrol, the employer may reject the notification on the grounds that the employee is an essential employee to the employer. If an employer rejects the notification of an employee under this subsection (Sec. 5, S. 166, L. 2007, effective July 1, 2007):
the provisions just above prohibiting discipline of an employee by an employer do not apply to the employee; and
the employee shall promptly notify the commander or other officer in charge of the civil air patrol of the rejection of the employee's notification.
The employer may require an employee who has been absent from employment by reason of engaging in an emergency service operation to present a written statement from the commander or other officer in charge of the civil air patrol at the time of the absence indicating that the employee was engaged in an emergency service operation at the time of the absence (Sec. 5, S. 166, L. 2007, effective July 1, 2007).
Emergency Management and Disaster Law.- The governor, or the executive director at the request of the governor, may establish the number of mobile support units necessary to respond to a disaster, public health emergency, public safety emergency, or other event that requires emergency action. A mobile support unit may consist of at least one individual. The executive director shall appoint a commander for each unit who has primary responsibility for the organization, administration and operation of the unit. Mobile support units shall be called to duty for training, an exercise, or a response upon orders of the governor or the executive director and shall perform the units' functions in any part of Indiana or in other states, upon the conditions specified in this section. The term of this duty shall be for a limited period of not more than 60 days. However, the executive director may renew the duty orders for successive periods of not more than 60 days if necessary for the mobile support unit to participate in or respond to the event. Members serving on the mobile support unit are immune from discipline or termination by the members' employers for serving in the units (Sec. 10-14-3-19(a), as amended by H. 1238, L. 2006, effective July 1, 2006).
An individual selected to serve as a member of a mobile support unit may be unemployed, retired, self-employed, or employed (Sec. 10-14-3-19(b), as amended by H. 1238, L. 2006, effective July 1, 2006):
in any capacity, including emergency management; fire services; emergency medical services; law enforcement; public health; medicine; public works; or mental health; and
by any employer, including the federal government; the state; a political subdivision; or a business or organization.
While on duty for training, an exercise, or a response, an individual serving as a member of a mobile support unit, whether within or outside Indiana (Sec. 10-14-3-19(c), as amended by H. 1238, L. 2006, effective July 1, 2006):
if the individual is an employee of the state or a political subdivision of the state, whether serving within or outside the political subdivision, the individual has the powers, duties, rights, privileges and immunities, and shall receive the compensation and benefits incidental to the individual's employment; and
if the individual is not an employee of the state or a political subdivision of the state, the individual is entitled to the same rights and immunities that are provided for an employee of the state.
If a mobile support unit is deployed outside Indiana under the emergency management assistance compact, an individual serving as a member of the mobile support unit who is not an employee of the state is considered an employee of the state for purposes of the compact (Sec. 10-14-3-19(d), as amended by H. 1238, L. 2006, effective July 1, 2006).
Personnel of mobile support units, while on duty, are subject to the operational control of the authority in charge of emergency management activities in the area in which the personnel are serving (Sec. 10-14-3-19(e), as amended by H. 1238, L. 2006, effective July 1, 2006).
The state may reimburse a political subdivision for (Sec. 10-14-3-19(f), as amended by H. 1238, L. 2006, effective July 1, 2006):
the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of an employee of the political subdivision while the employee is serving as a member of a mobile support unit;
all payments for death, disability, or injury or an employee incurred in the course of duty while the employee was serving as a member of a mobile support unit; and
all losses of or damage to supplies and equipment of the political subdivision or the employee incurred while the employee was serving as a member of a mobile support unit.
For an individual of a mobile support unit who is not an employee of the state or a public subdivision, the state may (Sec. 10-14-3-19(g), as amended by H. 1238, L. 2006, effective July 1, 2006):
compensate the individual (a) at a rate of pay approved by the executive director; (b) by reimbursing the individual for the actual and necessary travel, subsistence and maintenance expenses of the individual of the mobile support unit incurred while the individual is on duty as a member of a mobile support unit; and for all losses of or damage to supplies and equipment of the individual incurred while the individual is on duty as a member of a mobile support unit; or
reimburse the individual's employer for (a) the compensation paid and the actual and necessary travel, subsistence and maintenance expenses of the employee while the employee is on duty as a member of a mobile support unit; (b) all payments for death, disability or injury of the employee while the employee was on duty as a member of a mobile support unit; and (c) all losses of or damage to supplies and equipment of the employer or the employee incurred in the course of duty while the employee was on duty as a member of a mobile support unit.
An officer or employee of the state by virtue of employment is subject to assignment (1) on a permanent basis to a mobile support unit in accordance with the state emergency management program and emergency operations plan or (2) on a temporary basis to an emergency management activity to meet a particular need in the event of an emergency. Refusal to accept and perform the duties of an assignment constitutes grounds for dismissal from state employment (Sec. 10-14-3-19(h), as amended by H. 1238, L. 2006, effective July 1, 2006).
NOTICE
Leave requests.- Employees in private employment taking a military leave of absence for training are required to notify the employer of expected dates of departure and return as soon as practicable prior to departure (Sec. 10-5-9-1).
DEADLINES
Leave requests.- Employees in private employment taking a military leave of absence for training are required to notify the employer of expected dates of departure and return as soon as practicable prior to departure (Sec. 10-5-9-1).
Reemployment.- For reemployment with private employers, employees taking a military leave of absence for training must provide the employer with evidence defining dates of departure and return 90 days prior to the departure date (Sec. 10-5-8-1).
ENFORCEMENT
See also WHAT THE EMPLOYER MUST DO, above.
Civil action.- Any employer who refuses to grant an employee a temporary leave of absence for military training is subject to a suit in damages for any damages sustained by the person denied such leave of absence (Sec. 10-5-9-2).
<p>Civil action.— Any employer who refuses to grant an employee a temporary leave of absence for military training is subject to a suit in damages for any damages </p>
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