Indiana Statewide Rule
Indiana Paid Leave Local Mandate Preemption
Key Facts
- Paid sick leave
- No statewide law
- Local ordinances
- None enacted in Indiana
- Minimum wage preemption
- IC 22-2-2-10.5 (wage-specific)
- Federal law
- FMLA and ADA still apply
- Unpaid leave
- Jury, military, witness duties
Summary
Indiana has no statewide paid sick leave law for private employers, and no Indiana city has enacted a local paid sick leave ordinance. State law does not require private employers to provide paid leave.
Sec. 3. Unless federal or state law provides otherwise, a unit may not establish, mandate, or otherwise require an employer to provide to an employee who is employed within the jurisdiction of the unit: (1) a benefit; (2) a term of employment; (3) a working condition; or (4) an attendance, scheduling, or leave policy; that exceeds the requirements of federal or state law, rules, or regulations.
Full Breakdown
There is no Indiana statute requiring private employers to provide paid sick leave, vacation, or similar benefits, and no Indiana municipality has adopted a local paid leave mandate. IC 22-2-2-10.5 bars local governments from setting a minimum wage above the state or federal floor, but it is a wage-specific preemption and does not itself address paid leave or benefits. Federal FMLA and ADA still apply to qualifying employers, and Indiana mandates limited unpaid leave for jury duty, military service, and witness duties. Public-sector employers set their own benefit policies.
Violations & Penalties
No statutory penalty; there is no state or local paid leave mandate on private employers to enforce. Federal FMLA and ADA obligations are enforced under federal law.
Frequently Asked Questions
Are Indiana employers required to offer paid sick leave?
Can a city require employers to provide vacation pay?
Sources
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