Indiana preempts cities and counties from requiring private employers to provide paid sick leave, vacation, or other benefits exceeding state and federal law.
Indiana Code 22-2-2-10.5 broadly preempts political subdivisions from mandating employer-provided benefits including paid leave, sick days, or scheduling rules. There is no statewide paid sick leave law for private employers, and cities cannot fill the gap with local ordinances. Federal laws including FMLA and ADA continue to apply to qualifying employers. Indiana state law mandates limited unpaid leave for jury duty, military service, and witness duties, but local paid leave ordinances are unenforceable. Public-sector employers remain free to set their own benefit policies.
Local paid leave mandates on private employers are void; municipalities may face legal challenges from employers and statewide preemption defenses.
See how Mishawaka's paid leave preemption rules stack up against other locations.
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