Sec. 13. (a) Except as provided in subsection (b), after an employee takes a leave of absence under this chapter, an employee must be restored to:

(1) the position that the employee held before the leave; or

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Terms Used In Indiana Code 22-2-13-13

  • 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. See Indiana Code 22-2-13-3
  • employer: includes the state and political subdivisions of the state. See Indiana Code 22-2-13-4
(2) 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.

     (b) An employer is not required to restore an employee to a position described in subsection (a) 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.

As added by P.L.151-2007, SEC.3.