Indiana Return to Office Mandate 2026

What is Indiana’s return to office mandate?

Indiana’s return to office mandate refers to Executive Order 25-16, signed by Governor Mike Braun on January 14, 2025. This order requires Indiana state government employees to return to in-person work at their assigned office, facility, or field location by July 1, 2025. The order ended most hybrid work arrangements for state employees, with limited exceptions available through the State Personnel Department for employees who demonstrate satisfactory performance and whose job functions can be performed remotely.

Important: This mandate applies only to state government employees, not to private sector workers or local government employees.

Source: Executive Order 25-16
Available at: https://www.in.gov/gov/files/EO-25-16.pdf

Does Indiana’s RTO mandate apply to private employers?

No. Executive Order 25-16 applies exclusively to Indiana state government employees. Private employers in Indiana are not covered by this executive order and are not required by state law to implement return to office policies.

Private employers may establish their own workplace policies, including return to office requirements, subject to:

• Anti-discrimination laws (Indiana Civil Rights Law and federal laws)
• Reasonable accommodation requirements under the ADA and Indiana law
• Employment contracts or collective bargaining agreements
• At-will employment exceptions (public policy, retaliation, contract)

Source: Executive Order 25-16 (limited to state agencies)
Available at: https://www.in.gov/gov/files/EO-25-16.pdf

Can my employer force me back to the office in Indiana?

Generally yes, if you work for a private employer in Indiana. Indiana is an at-will employment state, which means employers can generally set workplace policies, including work location requirements, and employees can be terminated for refusing to comply with lawful policies.

However, there are important exceptions:

Reasonable Accommodations: If you have a disability and request telework or remote work as a reasonable accommodation, your employer must engage in an interactive process and provide the accommodation unless it would cause undue hardship.

Employment Contracts: If you have an employment contract (written, oral, or implied) that specifies work location or requires good cause for policy changes, your employer may be bound by those terms.

Collective Bargaining Agreements: If you are covered by a union contract, your employer may need to negotiate workplace changes with the union.

Discriminatory or Retaliatory Reasons: Your employer cannot force you back to the office for discriminatory reasons (based on race, sex, disability, etc.) or in retaliation for exercising protected rights.

Source: Indiana at-will employment doctrine and Indiana Civil Rights Law (IC § 22-9-1 et seq.)

For specific advice on your situation, consult a licensed employment attorney in Indiana.

What are my accommodation rights under Indiana law?

Under Indiana Code § 22-9-5 and the federal Americans with Disabilities Act, if you have a disability, you have the right to request reasonable accommodations from your employer.

Reasonable accommodations may include:

• Modified work schedules
• Telework or remote work arrangements
• Assistive technology or equipment
• Modified break schedules
• Job restructuring
• Reassignment to a vacant position

The accommodation process:

1. Request: You inform your employer that you need an accommodation due to a disability.

2. Interactive Process: Your employer must engage in an interactive dialogue with you to identify effective accommodations.

3. Medical Documentation: Your employer may request medical documentation to verify your disability and need for accommodation.

4. Decision: Your employer must provide an effective accommodation unless doing so would cause undue hardship (significant difficulty or expense).

Important Notes:

• Employers must accommodate disabilities even if remote work is not the employer’s general policy
• You are not entitled to your preferred accommodation, only an effective one
• Employers with 6 or more employees are covered under Indiana law; employers with 15 or more are covered under federal ADA

Source: Indiana Code § 22-9-5 and 42 U.S.C. § 12101 (ADA)
Available at: https://www.in.gov/icrc/files/ch5.pdf and https://www.ada.gov

How do I file a discrimination complaint in Indiana?

Indiana Civil Rights Commission (State Law):

Deadline: 180 days from the discriminatory act

File Online: https://icrc.powerappsportals.us/

File by Phone: Call (317) 232-2600 or toll-free (800) 628-2909

File by Mail: Indiana Civil Rights Commission, 100 N. Senate Ave., Room N300, Indianapolis, IN 46204

File in Person: Visit the ICRC office, Monday-Friday, 8:00 AM – 5:00 PM

What to Include:

• Your name and contact information
• Employer’s name and address
• Description of the discrimination
• Date(s) of discriminatory act
• Basis (race, sex, disability, etc.)

Source: Indiana Civil Rights Commission
Available at: https://www.in.gov/icrc/file-a-discrimination-complaint/how-to-file/

U.S. Equal Employment Opportunity Commission (Federal Law):

Deadline: 300 days in Indiana

File Online: https://publicportal.eeoc.gov/

File by Phone: 1-800-669-4000 (to schedule intake interview)

File in Person: EEOC Indianapolis District Office, 101 W. Ohio Street, Suite 1900, Indianapolis, IN 46204

Dual-Filing: Complaints filed with ICRC are automatically dual-filed with EEOC and vice versa.

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/filing-charge-discrimination

Can I request remote work as a reasonable accommodation?

Yes. Under the Americans with Disabilities Act and Indiana law, you may request remote work or telework as a reasonable accommodation for a disability.

Requirements:

You must:

• Have a disability as defined by the ADA (a physical or mental impairment that substantially limits a major life activity)
• Be qualified for your position (able to perform essential job functions with or without accommodation)
• Request the accommodation from your employer

Your employer must:

• Engage in an interactive process with you
• Consider whether remote work is an effective accommodation
• Provide remote work or another effective accommodation unless it would cause undue hardship

Important Considerations:

According to EEOC guidance, employers should consider:

• Whether the job can be performed remotely
• Whether remote work would allow you to perform essential functions
• Whether the employer has successfully allowed others to telework
• Whether remote work would prevent the employer from operating effectively

Your employer is not required to:

• Eliminate essential job functions
• Provide remote work if it would cause undue hardship
• Provide your preferred accommodation (only an effective one)

Source: EEOC – Work At Home/Telework as a Reasonable Accommodation
Available at: https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation

What is Indiana’s Civil Rights Law?

Indiana’s Civil Rights Law, codified at Indiana Code § 22-9-1 et seq., is the state law that prohibits discrimination in employment, housing, education, public accommodations, and credit.

In employment, the law prohibits discrimination based on:

• Race
• Religion
• Color
• Sex
• Disability
• National origin
• Ancestry
• Veteran status

Covered Employers:

The law applies to employers with 6 or more employees in Indiana. Smaller employers may be covered under federal law if they have 15 or more employees (for most federal protections) or 20 or more employees (for age discrimination).

Enforcement:

The Indiana Civil Rights Commission investigates and enforces violations of the law. Complaints must be filed within 180 days of the discriminatory act.

Remedies:

If discrimination is found, remedies under state law include:

• Cease and desist orders
• Reinstatement
• Back pay (wages, salary, commissions)
• Hiring or promotion

Note: Compensatory damages for emotional distress and punitive damages are not available under Indiana state law but may be available under federal law.

Source: Indiana Code § 22-9-1 et seq.
Available at: https://iga.in.gov/laws/current/ic/titles/22

Where do I file an EEOC complaint in Indiana?

EEOC Indianapolis District Office:

Address:
101 W. Ohio Street, Suite 1900
Indianapolis, IN 46204

Phone: 1-800-669-4000
TTY: 1-800-669-6820

Coverage: The Indianapolis District Office serves Indiana and portions of Kentucky.

How to File:

Online: https://publicportal.eeoc.gov/ (online intake questionnaire and charge filing)

By Phone: Call 1-800-669-4000 to schedule an intake interview

In Person: Visit the Indianapolis District Office (appointments recommended)

Deadline: 300 days from the date of discrimination in Indiana (Indiana is a deferral state with a worksharing agreement)

Process: After filing, the EEOC will investigate your charge and issue a determination (cause, no cause, or dismissal with right to sue). You have the right to file a lawsuit in federal court after receiving a right to sue letter.

Source: U.S. Equal Employment Opportunity Commission
Field Office Information: https://www.eeoc.gov/field-office/indianapolis/location

What is at-will employment in Indiana?

At-will employment is a legal doctrine that allows either the employer or employee to terminate the employment relationship at any time, for any lawful reason, or for no reason at all, without notice.

In Indiana, at-will employment means:

For Employers:

• Can terminate employees without providing a reason (subject to exceptions)
• Can change workplace policies, including work location
• Do not need to provide advance notice of termination

For Employees:

• Can quit at any time without providing a reason
• Can leave without advance notice
• Are not bound to continue employment

Important Exceptions to At-Will Employment:

1. Statutory Protections: Employees cannot be fired for exercising rights under state or federal law (e.g., filing workers’ compensation claims, taking FMLA leave)

2. Public Policy: Employees cannot be fired for refusing to commit illegal acts or for performing civic duties (e.g., jury duty)

3. Employment Contracts: If an employment contract exists (written, oral, or implied), the employer may be bound by its terms

4. Anti-Discrimination Laws: Employers cannot terminate employees based on protected characteristics (race, sex, disability, age, etc.)

5. Retaliation: Employers cannot fire employees for reporting violations, filing complaints, or participating in investigations

Source: Indiana common law and Indiana Code § 22-9-1 et seq.

For more information: Frampton v. Central Indiana Gas Co., 297 N.E.2d 425 (Ind. 1973)

What is the difference between state employee and private sector RTO requirements in Indiana?

State Employees:

State employees are subject to Executive Order 25-16, which requires:

• Return to in-person work by July 1, 2025
• Work must be performed in assigned office, facility, or field location
• Hybrid arrangements eliminated
• Limited exceptions available through State Personnel Department
• Remote work (if approved) must be performed within Indiana

Who decides: Governor, Secretary of Management and Budget, State Personnel Department

Enforcement: State personnel policies and procedures

Private Sector Employees:

Private sector employees are NOT subject to Executive Order 25-16. Private employers may:

• Establish their own workplace policies
• Require employees to work in-office
• Allow remote or hybrid work at their discretion
• Change policies subject to legal requirements

Legal Requirements for Private Employers:

• Must not discriminate based on protected characteristics
• Must provide reasonable accommodations for disabilities
• Must comply with employment contracts or collective bargaining agreements
• Must not retaliate against employees exercising protected rights

Who decides: The employer (subject to legal requirements)

Enforcement: Indiana Civil Rights Commission, EEOC, courts

Common Requirements for Both:

Both state and private sector employees have rights to:

• Request reasonable accommodations for disabilities
• File discrimination complaints
• Protection from retaliation
• Equal opportunity regardless of protected characteristics

Source: Executive Order 25-16 and Indiana employment law framework

When did Indiana’s return to office order take effect?

Executive Order 25-16 was signed on January 14, 2025, and became effective immediately. However, the compliance deadline for state agencies was July 1, 2025.

Timeline:

January 14, 2025: Executive Order 25-16 signed and effective

January – June 2025: Transition period

• Agencies developed implementation plans
• State Personnel Department created exception policies
• Employees applied for exceptions

July 1, 2025: Compliance deadline

• All state agencies required to have employees in-office or approved for remote work exceptions
• Hybrid arrangements eliminated

Current Status (January 2026): The order remains in effect. As of July 2025, approximately 537 state employees retained remote work approval (down from over 10,000 in January 2025).

Source: Executive Order 25-16 and Indiana Capital Chronicle reporting
Available at: https://www.in.gov/gov/files/EO-25-16.pdf

What exceptions exist to Indiana’s RTO mandate?

Executive Order 25-16 directed the Secretary of Management and Budget, in conjunction with the State Personnel Department, to develop policies for granting limited exceptions.

Exception Criteria (according to Executive Order 25-16):

Policies must consider:

• The purpose of the Executive Order
• The needs of state agencies
• Essential functions of jobs authorized for remote work
• Whether employees have demonstrated satisfactory performance

Geographic Requirement:

Any approved remote work must be performed within Indiana’s geographical boundaries.

Who Is Eligible:

According to news reports, exceptions were granted based on:

• Job functions that can be effectively performed remotely
• Measurable productivity metrics (e.g., call center workers)
• Agency operational needs
• Employee performance records

Who Is Not Eligible:

Employees who have not demonstrated satisfactory performance are explicitly excluded from remote work consideration.

Current Numbers:

According to public state records, as of July 1, 2025, the number of state employees with approved remote work arrangements was substantially reduced from the initial 10,588 agreements in January 2025.

Source: Executive Order 25-16 and state implementation records
For Current Policy: Contact Indiana State Personnel Department

How were state employees notified of the RTO requirement?

State employees were notified through:

• Official communications from their agencies
• Executive Order publication on January 14, 2025
• Internal agency memos and meetings
• State Personnel Department guidance

Transition Period:

Employees had approximately 5.5 months (January 14 to July 1, 2025) to prepare for the transition back to in-office work or to apply for remote work exceptions.

Source: Executive Order 25-16 implementation records