Indiana § 10-17-4-1 - Restoration to former position; seniority; pay

§ 10-17-4-1. Restoration to former position; seniority; pay

Sec. 1. (a) This section is subject to IC 10-16-7-5 and IC 10-16-7-6.

(b) A person who:

(1) is a qualified member of the reserve components of the armed forces;

(2) is a member of the Ready Reserve;

(3) is a member of an organized unit;

(4) in order to receive military training with the armed forces of the United States not to exceed fifteen (15) days in one (1) calendar year:

(A) leaves a position other than a temporary position in the employ of an employer; and

(B) provides evidence:

(i) defining date of departure and date of return for purposes of military training ninety (90) days before the date of departure; and

(ii) of the satisfactory completion of the training immediately after the training is completed; and

(5) is qualified to perform the duties of the position described in clause (A);

is entitled to be restored to the person's previous or a similar position with the same status and pay.

(c) Seniority continues to accrue during a period of absence described in subsection (a), and the period of absence for military training must be construed as an absence with leave. At the discretion of the employer, the leave may be with or without pay.

[Pre-2003 Recodification Citation: 10-5-8-1.]

As added by P.L.2-2003, SEC.8. Amended by P.L.260-2003, SEC.3.