Indiana Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)
⚠️Informational only — not legal or tax advice.
Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Indiana, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Quick Reference — Indiana Paid Leave Snapshot
- Paid Sick Leave in Indiana
- Paid Family & Medical Leave in Indiana
- Maternity, Paternity & Parental Leave in Indiana
- Federal FMLA in Indiana
- Other Protected Leave Categories in Indiana
- 2026 Updates & Recent Legislative Changes
- How to File a Leave-Related Complaint in Indiana
- Interstate Considerations for Remote Workers in Indiana
- Frequently Asked Questions
- Sources & Verification Log
Introduction
Indiana does not require private employers to provide paid sick leave under any statewide statute. Indiana also does not operate a state-funded paid family and medical leave program. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons. This page compiles current requirements from the Indiana Department of Labor and the U.S. Department of Labor Wage and Hour Division.
For a broader view of Indiana’s workplace laws, see the Indiana employment law overview and the Indiana overtime laws guide.
Quick Reference — Indiana Paid Leave Snapshot
| Indiana Paid Leave Snapshot (2026) | |
|---|---|
| Category | Status |
| Mandatory Paid Sick Leave | No state mandate |
| Governing Statute | None — no statewide paid sick leave law for private employers |
| Administering Agency | Indiana Department of Labor |
| Paid Family & Medical Leave Program | No state program |
| PFML Program Name | N/A — Federal FMLA Only |
| PFML Weekly Benefit (Maximum) | N/A |
| PFML Duration | N/A |
| FMLA Applies | Yes — employers with 50+ employees |
| Pregnancy Accommodation Law | Yes — Indiana Code §22-9-2 (employers with 15+ employees; effective July 1, 2021) |
| Military Family Leave | Yes — Indiana Code §22-2-13 (up to 10 days/year, unpaid) |
| Information Current As Of | March 2026 |
Paid Sick Leave in Indiana
Indiana does not mandate paid sick leave for private-sector employers. No Indiana statute requires employers to provide paid or unpaid sick leave, meaning leave availability, accrual rates, and usage rules are governed entirely by individual employer policy or employment contract. The Indiana Department of Labor confirms that Indiana law requires employers only to pay employees for actual time worked. Where an employer voluntarily establishes a sick leave or paid time off policy, Indiana courts generally hold that employer to the terms of that policy. There are no municipal or local paid sick leave ordinances in effect in any Indiana city or county as of March 2026. Eligible employees may access unpaid, job-protected leave for serious health conditions under the federal FMLA (see Section 4).
Paid Family & Medical Leave in Indiana
Indiana does not operate a state-funded paid family and medical leave program. Workers in Indiana who need family or medical leave rely on the federal FMLA (Section 4 below) and any employer-provided benefits such as short-term disability insurance or voluntary paid time off. No Indiana PFML contribution, benefit schedule, or administering program exists. The Indiana General Assembly bill tracking portal is the authoritative source for monitoring future legislative proposals. For comparison, neighboring states with active programs include Illinois and Minnesota.
Maternity, Paternity & Parental Leave in Indiana
How Long Is Maternity Leave in Indiana?
Maternity leave in Indiana is up to 12 workweeks under the federal FMLA for eligible employees at covered employers. Indiana has no state-funded maternity leave program and no independent state maternity leave statute for private-sector employees. The 12-week FMLA entitlement is unpaid and must be taken within the first 12 months following the birth. The federal FMLA framework and the Americans with Disabilities Act provide the applicable federal protections; Indiana Code does not define a separate pregnancy disability leave period for private employers.
Is Maternity Leave Paid in Indiana?
Indiana maternity leave is unpaid under FMLA. Indiana does not have a state-funded program providing wage replacement during maternity leave. Options for receiving income during a maternity absence depend on employer-provided benefits, which may include short-term disability insurance, accrued PTO, or voluntarily offered paid parental leave. Where a short-term disability plan exists, pregnancy and childbirth recovery are typically qualifying conditions, and the employee may substitute that paid benefit during the FMLA leave period consistent with employer policy. The U.S. Department of Labor Women’s Bureau provides a summary of states that have enacted paid leave programs for comparison.
Paternity Leave and Parental Leave in Indiana
Indiana provides no state paternity or parental leave entitlement beyond federal FMLA. Under FMLA, both parents — including fathers and non-birthing parents — are eligible for up to 12 weeks of unpaid, job-protected bonding leave following the birth, adoption, or foster placement of a child, within the first 12 months. The bonding leave entitlement applies equally to all parents regardless of gender. Indiana state law does not extend parental leave rights to employees at smaller employers, nor does it create a paid benefit for bonding leave.
Federal FMLA in Indiana
The federal FMLA is the dominant leave protection for Indiana workers. Because Indiana has enacted no state paid sick leave law and no state PFML program, FMLA serves as the primary statutory framework for qualifying leave statewide. The U.S. Department of Labor Wage and Hour Division administers FMLA nationally. The Indiana Department of Labor FAQ page explicitly directs all Indiana FMLA inquiries to the federal Wage and Hour Division.
FMLA Coverage and Eligibility in Indiana
FMLA applies to the following covered employers in Indiana:
- Private employers with 50 or more employees within a 75-mile radius of the employee’s worksite (employed at least 20 calendar workweeks in the current or preceding year)
- All public agencies, including state and local governments — the Indiana State Personnel Department confirms the State of Indiana is a covered FMLA employer
- Public and private elementary and secondary schools
An employee is eligible for FMLA leave when all three conditions are met: employed by a covered employer for at least 12 months (need not be consecutive); at least 1,250 hours worked in the 12 months immediately preceding the leave; and working at a location where the employer has 50 or more employees within a 75-mile radius.
Eligible employees may take up to 12 workweeks of leave in a defined 12-month period, or up to 26 workweeks in a single 12-month period for military caregiver leave. FMLA leave is unpaid and job-protected, with continuation of group health insurance on the same terms as active employment.
Source: U.S. DOL FMLA Fact Sheet #28 · Indiana SPD — FML Basics
Qualifying Reasons for FMLA Leave in Indiana
FMLA leave is available to eligible Indiana employees for: birth of a child and newborn care within the first 12 months; placement of a child for adoption or foster care within the first 12 months; a serious health condition of a spouse, child, or parent requiring inpatient care or continuing treatment; the employee’s own serious health condition that prevents performing essential job functions; a qualifying military exigency arising from a family member’s covered active duty; and military caregiver leave (up to 26 weeks) for a covered servicemember’s serious injury or illness.
Source: U.S. DOL FMLA Overview · Indiana SPD — Family & Medical Leave
Is FMLA Paid or Unpaid in Indiana?
FMLA leave is unpaid. Indiana has no state program providing wage replacement concurrent with FMLA. During FMLA leave, an employee — or the employer, depending on policy — may elect to substitute accrued paid leave (sick, vacation, PTO) for part or all of the unpaid FMLA period. Where the employer’s policy requires substitution of accrued paid leave, that requirement is permissible under federal regulation. Health insurance continuation applies throughout the FMLA leave period regardless of whether leave is paid or unpaid.
Source: U.S. DOL FMLA Fact Sheet #28
Does FMLA Apply to Small Businesses in Indiana?
FMLA applies only to private employers with 50 or more employees within a 75-mile radius. Private Indiana employers with fewer than 50 employees are not covered. Indiana has enacted no state-level family leave law with a lower employer-size threshold, meaning employees at small businesses have no statutory family or medical leave entitlement beyond any voluntarily offered employer benefit. As of March 2026, Indiana has not proposed a state leave law covering smaller employers. The 50-employee threshold counts all employees — full-time, part-time, and temporary — appearing on the payroll during at least 20 calendar workweeks in the current or preceding year.
Source: U.S. DOL FMLA Fact Sheet #28 · Indiana DOL Wage & Hour FAQs
FMLA Notice, Certification, and Job Restoration
Covered Indiana employers are required to post the DOL-issued FMLA notice and provide individual written notice when leave is designated. Where leave is foreseeable, employees must provide at least 30 days advance notice; for unforeseeable leave, notice is required as soon as practicable. Employers may require medical certification within 15 calendar days. Upon return from FMLA leave, eligible employees are entitled to the same position or an equivalent position with equivalent pay, benefits, and terms. FMLA prohibits interference with or retaliation against employees for exercising FMLA rights. Indiana state employees follow the centralized process administered by the Indiana State Personnel Department, with forms submitted through the State Employee Portal or by secure fax to 317-974-2029.
Source: U.S. DOL FMLA · Indiana SPD — Family & Medical Leave
Other Protected Leave Categories in Indiana
Pregnancy Accommodation
Indiana Code § 22-9-2, effective July 1, 2021, requires employers with 15 or more employees to respond to reasonable accommodation requests related to pregnancy, childbirth, or related conditions. Employers may not retaliate against employees for requesting or using a pregnancy accommodation. The statute does not create a paid leave entitlement. (Indiana General Assembly — HB 1309 (2021))
Military Family Leave
Indiana Code § 22-2-13 requires employers with 50 or more employees to provide eligible employees up to 10 working days of unpaid leave per calendar year when a spouse, parent, grandparent, or sibling is deployed to active military duty, is on leave from active duty, or returns from deployment. Employers may require substitution of accrued paid vacation or personal leave but not paid sick leave. Job restoration is required upon return. (Indiana General Assembly — IC Title 22)
Jury Duty Leave
Indiana law requires employers to grant unpaid, job-protected leave to employees summoned for jury duty. Employers may not discipline or discharge employees for serving on a jury. Indiana does not require employers to pay employees during jury service. (Indiana DOL Wage & Hour FAQs)
Bereavement Leave
Indiana law does not require employers to provide paid or unpaid bereavement leave. Leave for bereavement is governed entirely by individual employer policy.
Voting Leave
Indiana law does not require employers to provide time off to vote, paid or unpaid.
2026 Updates & Recent Legislative Changes
What Changed in Indiana Leave Laws in 2025–2026?
As of March 2026, Indiana has not enacted paid sick leave legislation or a state PFML program. The most recent legislative change affecting leave was the 2021 Pregnancy Accommodations Law (Indiana Code § 22-9-2), effective July 1, 2021. No significant amendments to Indiana leave law have taken effect in 2025 or 2026. (Indiana Department of Labor)
Pending Legislation
As of March 2026, no paid sick leave bill or PFML legislation has advanced in the Indiana General Assembly. Legislative status is subject to change; current bill tracking is available through the Indiana General Assembly.
How to File a Leave-Related Complaint in Indiana
Filing an FMLA Complaint
FMLA complaints are filed with the U.S. Department of Labor Wage and Hour Division:
- Online: https://www.dol.gov/agencies/whd/contact/complaints
- Indianapolis District Office: 135 North Pennsylvania Street, Suite 700, Indianapolis, IN 46204 · (317) 226-6801
- South Bend Area Office: 2420 Viridian Drive, Suite E, South Bend, IN 46628 · (574) 236-8331
FMLA complaints must generally be filed within two years of the violation (three years if willful). (U.S. DOL WHD Complaint Page)
Filing a Wage Claim with the Indiana Department of Labor
For wage payment disputes, the Indiana Department of Labor accepts wage claims:
- Online: https://www.in.gov/dol/wage-and-hour/online-wage-claim-form/
- Address: 402 West Washington Street, Room W195, Indianapolis, IN 46204 · (317) 232-2655
Indiana law provides no job protection for employees who file a wage claim against a current employer. (Indiana DOL Online Wage Claim Form)
Interstate Considerations for Remote Workers in Indiana
Paid leave laws in other states generally apply based on the state where the employee physically performs work. A remote worker physically located in Indiana who works for an employer headquartered in a mandatory sick leave state — such as Illinois or New York — is typically subject to Indiana law (no mandate) rather than the employer’s home-state law, unless the employer voluntarily extends its policy or the employment contract specifies otherwise. Conversely, an Indiana-based employer with remote employees working in mandatory sick leave states must comply with those states’ requirements for those workers. Additional guidance is available at /remote-work-laws/u-s-states/indiana/.
Frequently Asked Questions — Indiana Paid Leave
How does FMLA work in Indiana?
FMLA provides eligible Indiana employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including birth or adoption of a child, a serious personal health condition, or care for a seriously ill spouse, child, or parent. Covered employers are private companies with 50 or more employees within a 75-mile radius, all public agencies, and public and private schools. (U.S. DOL FMLA)
How long is maternity leave in Indiana?
Indiana maternity leave is up to 12 weeks under federal FMLA for eligible employees at covered employers. Indiana has no state-funded maternity leave program, so this 12-week period is unpaid unless the employer provides paid leave benefits. Leave must be taken within the first 12 months following the birth. (U.S. DOL FMLA)
Is maternity leave paid or unpaid in Indiana?
Indiana maternity leave is unpaid under FMLA. Indiana has no state paid family and medical leave program. Payment during maternity leave, if any, depends entirely on employer-provided benefits such as short-term disability insurance or accrued PTO. (U.S. DOL Women’s Bureau)
Who is eligible for FMLA in Indiana?
FMLA-eligible Indiana employees must have worked for a covered employer for at least 12 months, logged at least 1,250 hours in the preceding 12-month period, and work at a location where the employer has 50 or more employees within a 75-mile radius. (U.S. DOL FMLA Fact Sheet #28)
Is FMLA leave paid in Indiana?
FMLA leave is unpaid. Indiana has no state program providing wage replacement during FMLA leave. Employees may substitute accrued employer-provided paid leave during FMLA if employer policy permits or requires it, but the FMLA entitlement itself carries no wage replacement obligation. (U.S. DOL FMLA)
Does Indiana have paid sick leave?
Indiana does not have a state law requiring private employers to provide paid or unpaid sick leave. No statewide mandate exists, and no Indiana municipality has enacted a local paid sick leave ordinance as of March 2026. Sick leave availability is determined entirely by employer policy. (Indiana DOL)
Does Indiana have paid family leave?
Indiana does not have a state-funded paid family leave program. No PFML contributions are collected from Indiana workers, and no state benefit is paid for bonding, caregiving, or medical leave. Federal FMLA provides unpaid, job-protected leave only. (Indiana General Assembly)
How many sick days are required in Indiana?
Indiana law does not require any employer to provide paid or unpaid sick days. The number of sick days available is set entirely by employer policy or employment contract. (Indiana DOL)
Does FMLA apply to small businesses in Indiana?
FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. Indiana has no state family leave law with a lower employer-size threshold. Employees at small Indiana businesses have no statutory leave entitlement beyond voluntarily provided employer benefits. (U.S. DOL FMLA Fact Sheet #28)
How long is paternity leave in Indiana?
Indiana paternity leave is governed by federal FMLA only. An eligible non-birthing parent may take up to 12 weeks of unpaid bonding leave within the first 12 months following birth, adoption, or foster placement. Indiana has no state-funded paternity leave benefit. (U.S. DOL FMLA)
Can an employer deny paid sick leave in Indiana?
Because Indiana imposes no sick leave mandate, an employer without a sick leave policy has no obligation to provide it. Where an employer has voluntarily established a sick leave policy, Indiana courts generally require the employer to honor that policy’s stated terms. (Indiana DOL)
What options exist for paid maternity leave in Indiana?
Private-sector Indiana workers without employer-provided paid parental leave may explore short-term disability (STD) insurance, which typically covers a portion of wages during pregnancy recovery; accrued PTO; or voluntary employer-provided paid parental leave policies. No state fund or state-administered benefit exists for this purpose. (U.S. DOL Women’s Bureau)
Does Indiana have any pending paid leave legislation?
As of March 2026, no paid sick leave bill or state PFML program has advanced in the Indiana General Assembly. Current bill tracking is at https://iga.in.gov/legislative/bills. (Indiana General Assembly)
Are there any local paid sick leave ordinances in Indiana?
No Indiana city or municipality has enacted a local paid sick leave ordinance as of March 2026. (Indiana DOL)
Can paid leave and FMLA run at the same time in Indiana?
Indiana has no state PFML program, so there is no concurrent state-federal leave interaction. Employer-provided paid leave (PTO, STD) may run concurrently with FMLA if the employer’s policy designates it as such. (U.S. DOL FMLA)
Sources & Verification Log
| Sources & Verification Log — Indiana Paid Leave Laws | |||
|---|---|---|---|
| Section | Source | URL | Date Verified |
| Sick Leave — No Mandate | Indiana Department of Labor — Wage & Hour FAQs | in.gov/dol/2345.htm | March 2026 |
| PFML — No Program | Indiana General Assembly Bill Tracker | iga.in.gov/legislative/bills | March 2026 |
| FMLA — All Provisions | U.S. Department of Labor, Wage and Hour Division — FMLA Overview | dol.gov/agencies/whd/fmla | March 2026 |
| FMLA — Fact Sheet Detail | U.S. Department of Labor Fact Sheet #28 | dol.gov/fact-sheets/28-fmla | March 2026 |
| FMLA — State Employee Process | Indiana State Personnel Department | in.gov/spd/family-and-medical-leave | March 2026 |
| FMLA — FML Basics PDF | Indiana State Personnel Department | in.gov/spd/FML-Basics.pdf | March 2026 |
| Pregnancy Accommodation | Indiana General Assembly — HB 1309 (2021) | iga.in.gov/house/1309 | March 2026 |
| Military Family Leave | Indiana Code — Title 22 | iga.in.gov/ic/title22 | March 2026 |
| FMLA Complaints | U.S. Department of Labor WHD — Complaint Page | dol.gov/whd/contact/complaints | March 2026 |
| Wage Claims | Indiana Department of Labor — Online Wage Claim Form | in.gov/dol/online-wage-claim-form | March 2026 |
| Indiana DOL Main Portal | Indiana Department of Labor | in.gov/dol | March 2026 |
| PFML Landscape | U.S. Department of Labor Women’s Bureau | dol.gov/state PFML laws | March 2026 |