LEAVES AND HOLIDAYS

Indianapolis-Marion County Revised Code tit. I, ch. 291, art. II

in effect

Indianapolis-Marion County Revised Code § 291-201 Policy as to leaves of absence of employees.

Sec. 291-201. - Policy as to leaves of absence of employees. (a) Although the policy of leaves of absence, with pay, for regular time off by employees is hereby approved, the granting of any leave of absence is the responsibility of the officers concerned and should be authorized only when due and justifiable. The provisions of this article are declared to be permissive within the proper maximum limits prescribed in this article for the granting of leaves of absence and not to indicate or limit the discretionary policy and powers of any officer in regard to any such leaves; the respective officers shall determine leave policies and establish procedures and requirements for use of leave time for their offices, guided by the maximum indicated in this article. (b) The provisions of this article are designed to establish a basis for uniformity and equality in the granting of leaves of absence to all employees and to strengthen the authority of officers in respect thereto. (c) The officials shall have the authority to authorize any officer or office to extend the maximum leaves of absence prescribed in this article, for certain specific individuals or classes of employees, when the nature of the work and normal employment practices make such action advisable for health reasons or other grounds deemed reasonable by him to justify any exemptions. (d) The respective offices, departments, divisions, bureaus and commissions of the city and county, all included for brevity in the word "officer" or "officers," are authorized to certify payrolls when leave is granted to employees as provided in this article. All city and county departments, agencies and offices shall report benefit and short term disability leave time used and accrued by employees to the office of finance and management. (e) Leave allowances for employees of the Marion County Health Care Center shall be established by the board of managers (county home board) pursuant to IC 12-30-3-9. (Code 1975, § 23-24; G.O. 73, 2005, § 30)

Indianapolis-Marion County Revised Code § 291-202 Leave allowances generally.

Sec. 291-202. - Leave allowances generally. (a) Leave allowances shall be as indicated in the categories set out in this article. All leave periods are for the total time in any calendar year. Any employee transferring between city and county offices and departments covered by this chapter, within thirty (30) days of terminated employment, shall be considered to be in continued employment for leave purposes and such transfer shall not affect the employee's status as to accrued leave or eligibility for leave. (b) In accordance with the reduction-in-force plan, in the case of a layoff, those employees laid off will receive credit for their previously accumulated sick leave and short term disability leave and years of service at the time of their reinstatement, provided they are recalled within one (1) year from the date they were laid off. (c) Effective January 1, 2000, a sworn firefighter or a sworn police officer with the City of Indianapolis, or a sworn officer of the Indianapolis metropolitan police department, who, subsequent to July 1, 1996, retires after twenty (20) or more years of service or is eligible for the disability pension due to a line of duty injury or illness and is rehired by a department of the City of Indianapolis or Marion County in a civilian position within thirty (30) days of the date of retirement will be entitled to be paid for accumulated, unused annual leave time at his/her rate of pay at the time of retirement or eligibility for the disability pension and will be entitled to credit for years of service as a firefighter or police officer in determining benefit leave accrual pursuant to section 291-203. (Code 1975, § 23-25; G.O. 2, 2000, § 1; G.O. 103, 2000, § 1; G.O. 110, 2005, § 20; G.O. 47, 2009, § 21)

Indianapolis-Marion County Revised Code § 291-203 Benefit leave.

Sec. 291-203. - Benefit leave. (a) Accrual schedule for city employees and applicable county offices whose employees normally are scheduled to work a forty-hour week. (1) Employees with less than five (5) continuous years of employment shall accrue benefit leave monthly at the rate of fourteen and sixty-six hundredths (14.66) hours per month. (2) Employees who have completed five (5) continuous years of employment but less than ten (10) continuous years of employment shall accrue benefit leave monthly at the rate of eighteen (18) hours per month. (3) Employees who have completed ten (10) years of continuous employment but less than fifteen (15) years of continuous employment shall accrue benefit leave monthly at the rate of twenty-one and thirty-three hundredths (21.33) hours per month. (4) Employees who have completed at least fifteen (15) years of continuous employment shall accrue benefit leave at the rate of twenty-four and sixty-six hundredths (24.66) hours per month. (5) Benefit leave can only accrue if the employee works, or is on a paid leave of absence, or is receiving worker's compensation (or any combination of the three (3)) for more than half of the month. (b) Accrual schedule for applicable county offices whose employees are normally scheduled to work a thirty-seven-and-one-half-hour week. (1) Employees with less than five (5) continuous years of employment shall accrue benefit leave monthly at the rate of thirteen and seventy-five hundredths (13.75) hours per month. (2) Employees who have completed five (5) continuous years of employment but less than ten (10) continuous years of employment shall accrue benefit leave monthly at the rate of sixteen and eight hundred seventy-five thousandths (16.875) hours per month. (3) Employees who have completed ten (10) continuous years of employment but less than fifteen (15) continuous years of employment shall accrue benefit leave monthly at the rate of twenty (20) hours per month. (4) Employees who have completed at least fifteen (15) continuous years of employment shall accrue benefit leave monthly at the rate of twenty-three and one hundred twenty-five-thousandths (23.125) hours per month. (5) Benefit leave can only accrue if the employee works, is on a paid leave of absence, or on worker's compensation for more than half of the month. (c) Charging benefit leave. Benefit leave shall be charged at the rate the employee is scheduled to work. (d) Eligibility for accrual. (1) Those employees who are starting to work on or before the fifteenth day of the month shall have their accounts credited with the appropriate benefit leave time on the first day of the month following the month in which they were hired. (2) Those employees who are starting to work after the fifteenth day of the month shall have their accounts credited with the appropriate benefit leave time on the first day of the second month following the month in which they were hired. (3) Employees who have been terminated or who have resigned from city or county employment will receive credit for benefit leave for the month they left employment only if they worked past the fifteenth day of the month. (e) Use of benefit leave. The final right to approve use of benefit leave shall rest with the office, department, division, bureau or commission involved in order to preserve efficiency and provide the necessary service. (f) Part-time employees. Part-time employees shall be entitled to benefit leave; however, leave accrual and pay for these employees shall be prorated based upon the average hours worked during the previous six (6) months of employment. (g) When benefit leave does not accrue. No benefit leave shall accrue while an employee is on any leave without pay status. No temporary/seasonal or part-time/temporary employee is eligible to accrue benefit leave or pay. (h) Benefit leave carryover. (1) For city and county employees paid on a biweekly basis: Benefit leave shall be taken within the calendar year in which it is accumulated or it shall be lost. However, up to a maximum of one hundred sixty hours (160) (one hundred fifty (150) where appropriate) of benefit leave may be carried over from one (1) calendar year to the next calendar year, provided the officials retain the right to schedule such carryover at their discretion in order to maintain the efficiency of the operation involved. In addition, an employee who is required by management to work during a period which the employee had been previously scheduled to take benefit leave and who is unable due to the demands of his/her position to reschedule the benefit leave for that calendar year may be allowed, with the approval of the mayor or the appropriate elected official or agency head, to carry over an additional eighty (80) hours (seventy-five (75) where appropriate) of benefit leave, subject to such restrictions as may be imposed by the mayor or the appropriate elected official or agency head. Benefit leave in excess of the maximum carryover amount shall be added to an employee's short term disability leave bank, if that bank is not at maximum accrual. (2) For city employees covered by the current master agreement between the city and the American Federation of State, County and Municipal Employees: Benefit leave shall be taken within the calendar year in which it is accumulated or it shall be lost. However, up to a maximum of the number of hours which the employee can accrue in a calendar year may be carried over from one (1) calendar year to the next calendar year, provided the officials retain the right to schedule such carryover at their discretion in order to maintain the efficiency of the operation involved. In addition, an employee who is required by management to work during a period which the employee had been previously scheduled to take benefit leave and who is unable due to the demands of his/her position to reschedule the benefit leave for that calendar year may be allowed, with the approval of the mayor, to carry over an additional eighty (80) hours of benefit leave, subject to such restrictions as may be imposed by the mayor. Benefit leave in excess of the maximum carryover amount shall be added to an employee's short term disability leave bank, if that bank is not at maximum accrual. (i) Two weeks' notice. Two (2) weeks' notice must be given upon voluntary resignation in order to receive payment for accrued benefit leave. The city department or county agency may waive this requirement for good cause determined in consultation with the human resources division. The maximum payment for accrued benefit leave shall be ten (10) weeks in 2021, eight (8) weeks in year 2022, and six (6) weeks in year 2023 and every year thereafter. (j) Termination, separation prior to six (6) months of employment. Employees who are terminated or separate employment prior to the completion of six (6) months of employment will not be paid for accumulated, unused benefit leave. (k) Termination for gross misconduct. Employees who are terminated for gross misconduct will not be paid for accumulated, unused benefit leave. Gross misconduct shall include: (1) The filing of criminal charges against an employee; (2) Working or reporting to work in a state of intoxication caused by the employee's use of alcohol or a controlled substance; (3) Battery on another individual while on city-county property or during working hours; (4) Theft or embezzlement; (5) Fraud. (l) Employees transferred from noncity or noncounty entities. Any person who becomes an employee as a result of a transfer of the duties of his/her former employer to the city or county may, upon the approval of the appropriate official, use his/her most recent hire date with the former employer for the purpose of determining benefit leave accrual. (m) Advance use of benefit leave. Employees of Marion County offices and agencies (including Marion County courts) may not use or be paid for benefit leave hours before such hours are accrued. However, an elected official or agency who wishes to allow employees to use benefit leave up to one (1) week in advance may request permission to do so from the Marion County job classification and compensation board. The board may grant permission to the elected official to allow up to one (1) week use of benefit leave under such circumstances as the board deems advisable. Any benefit leave so advanced which remains outstanding upon an employee's termination shall be collected or withheld from the employee's final pay. (Code 1975, § 23-26; G.O. 44, 2009, § 6; G.O. 48, 2020, § 1; G.O. 38, 2021, § 4)

Indianapolis-Marion County Revised Code § 291-204 Short term disability leave.

Sec. 291-204. - Short term disability leave. (a) Accrual schedule for city employees and applicable county offices whose employees are normally scheduled to work a forty-hour week. (1) Full-time employees shall accrue short term disability leave at the rate of ten (10) hours per month up to a maximum of four hundred (400) hours. Once the maximum accrual has been reached, employees shall not accrue short term disability leave unless short term disability leave is used, at which time additional short term disability time may be accrued until the maximum accrual is reached once again. (2) Part-time employees shall accrue short term disability leave on a pro rata basis up to a maximum number of hours to be determined by ascertaining the percentage of the normal work week which the employee is scheduled to work and applying that percentage to four hundred (400) hours. Short term disability leave shall be used on a pro rata basis based upon the number of hours scheduled in the previous six (6) months. Once the maximum accrual has been reached, employees shall not accrue short term disability leave unless short term disability leave is used, at which time additional short term disability leave may be accrued until the maximum accrual is reached once again. (3) Temporary and seasonal employees are not eligible to accrue short term disability leave. (b) Accrual schedule for applicable county offices whose employees are normally scheduled to work a thirty-seven and one-half-hour week. (1) Full-time employees shall accrue short term disability leave at the rate of nine and three hundred seventy-five thousandths (9.375) hours per month up to a maximum accrual of three hundred seventy-five (375) hours. Once the maximum accrual has been reached, employees shall not accrue short term disability leave unless short term disability leave is used, at which time additional short term disability leave may be accrued until the maximum accrual is reached once again. (2) Part-time employees shall accrue short term disability leave on a pro rata basis up to a maximum number of hours to be determined by ascertaining the percentage of the normal work week which the employee is scheduled to work and applying that percentage to three hundred seventy-five (375) hours. Short term disability leave shall be used on a pro rata basis based upon the number of hours scheduled in the previous six (6) months. Once the maximum accrual has been reached, employees shall not accrue short term disability leave unless short term disability leave is used, at which time additional short term disability leave may be accrued until the maximum accrual is reached once again. (3) Temporary and seasonal employees are not eligible to accrue short term disability leave. (c) Eligibility to accrue. Employees with hire dates on or before the fifteenth day of the month will be eligible to have short term disability leave credited to them on the first day of the following month. Employees with hire dates after the fifteenth day of the month will be eligible to have short term disability leave credited to them on the first day of the second month following the month of hire. Employees must be on paid status or on worker's compensation for more than half of the month in order to accrue short term disability leave for the month. (d) Conditions for use. (1) Qualifying period. In order to be eligible to use accrued short term disability leave, a full-time employee must have an illness or injury which has caused or will cause him/her to be absent from work for more than forty (40) consecutive work hours (thirty-seven and one-half (37½) consecutive work hours for those employees who normally work a thirty-seven and one-half-hour work week). A part-time employee must have an illness or injury which has caused or will cause him/her to be absent from work for a consecutive number of hours which is equal to the number of hours he/she is scheduled to work in a one-week period. Neither full-time nor part-time employees may use short term disability leave during this initial qualifying period. (2) Short term disability leave may be used only in day-long increments, except in the case of employees who are receiving temporary total disability benefits as a result of a work-related injury or illness, in which case an employee may elect to supplement these benefits using short term disability leave. In no event shall the disability benefits and the short term disability benefit payments and the amount received from any employer-paid disability insurance total more than the employee's regular rate of pay. (3) City and county offices and agencies may establish notice requirements as well as requirements for medical documentation to be provided by employees prior to the approval of use of short term disability leave. (4) Disability leave. Once disability leave commences all benefit leave, short term disability leave and other paid leave time shall be exhausted before beginning any unpaid portion of the leave. However, at the discretion of the employee, up to forty (40) hours (thirty-seven and one-half (37½) where applicable) of accrued sick leave as described in section 291-211 below may be reserved for later use in accordance with section 291-211 below. (Code 1975, § 23-27; G.O. 44, 2009, § 6)

Indianapolis-Marion County Revised Code § 291-205 Judicial leave.

Sec. 291-205. - Judicial leave. Time off with pay shall be granted an employee who is summoned for jury duty or as a nonpaid witness in any action in any court. However, in no case shall the city pay an employee judicial leave compensation for any proceeding in which he/she is a party, has a monetary interest, or serves as a paid expert witness, unless the employee is the victim in a criminal proceeding. The supervisor has the right to request verification. Temporary-seasonal and part-time temporary employees do not receive paid time off for judicial leave. (Code 1975, § 23-28)

Indianapolis-Marion County Revised Code § 291-206 Holidays.

Sec. 291-206. - Holidays. (a) Designated. The following are designated as city and county holidays for full-time and part-time employees: New Year's Day (January 1st); Martin Luther King Day (third Monday of January); President's Day (third Monday of February); Memorial Day (last Monday of May); Juneteenth Observed (June 19 th ); Independence Day Observed (July 4th); Labor Day (first Monday of September); Indigenous People's Day (second Monday of October); Veteran's Day (November 11th); Thanksgiving Eve, close at Noon (fourth Wednesday of November); Thanksgiving Day (fourth Thursday of November); Friday after Thanksgiving; Day before Christmas Eve, close at Noon (December 23rd); Christmas Eve (December 24 th ); Christmas Day (December 25 th ); New Year's Eve, close at Noon (December 31 st ); Floating Holiday. This floating holiday shall be taken on a day of the employee's choosing with the approval of the employee's supervisor. Such approval shall not be unreasonably withheld. The floating holiday must be taken as a full work day. It shall be taken once each year and will not carry over from year to year and will not be paid out upon the employee's separation; Primary Election Day; and General Election Day in years with state and municipal elections; provided; however, that nothing in this ordinance shall prevent the offices of the county clerk, county prosecutor and the courts from designating holidays recognized by the judicial branch. The Marion County Public Defender Agency shall follow the holiday schedule and closures as set forth in any current collective bargaining agreement between that Agency and the bargaining agent of the members of that Agency. (b) Days celebrated as holidays in Monday-through-Friday operations. (1) In Monday-through-Friday operations, when any of these holidays occur on Sunday, the Monday succeeding shall be designated as the legal holiday. When any holiday occurs on Saturday, the Friday preceding shall be designated as the legal holiday. Otherwise, employees shall observe the actual holiday. (2) Holiday pay for unworked holiday. Employees shall receive holiday pay at the employee's regular straight time rate for each of the designated holidays, if the employee is normally scheduled to work on the day that has been designated as a holiday. (3) An employee who is required to work on the actual holiday shall be paid time and one-half in addition to holiday pay for all time authorized for work on the day designated as the holiday, or compensatory time and one-half off as determined by the department or agency. (c) Days celebrated as holidays in continuing operations. (1) In continuing seven-day-a-week operations, employees will observe the actual holiday, if possible, and will receive the employee's regular straight time rate for each of the designated holidays, if the employee is normally scheduled to work on the day that has been designated as a holiday. (2) If the holiday is observed on a day of the week when an employee is not normally scheduled to work, the employee shall observe the employee's next regularly scheduled work day as a holiday and receive holiday pay at the employee's regular straight time rate. (3) An employee who is required to work on the actual holiday shall be paid time and one-half in addition to holiday pay for all time authorized for work on the day designated as the holiday, or compensatory time and one-half off as determined by the department or agency. (d) Days celebrated as holidays when employee is on a compressed or alternate work schedule. (1) Employees shall observe the actual holiday, if possible, and shall receive holiday pay at the employee's regular straight time rate for the number of hours the employee would have been regularly scheduled to work on that day. (2) If a holiday is observed on a day of the week when an employee is not normally scheduled to work, the employee shall observe the employee's next regularly scheduled work day as a holiday and shall receive holiday pay for the number of hours the employee would have been regularly scheduled to work on that day. (3) An employee who is required to work on the actual holiday shall be paid time and one-half in addition to holiday pay for all time authorized for work on the day designated as the holiday, or compensatory time and one-half off as determined by the department or agency. (e) Eligibility for holiday pay. To be eligible, the employee must work the full scheduled workday before and the full scheduled workday following the holiday, unless the employee is on a paid leave of absence. In Monday-through-Friday operations, there shall be no duplication or pyramiding of holiday pay. (f) Failure to report for scheduled work. Any employee scheduled for work on a day designated as a holiday, who fails to report for work or absents himself or herself for that day, shall not be eligible for holiday pay or compensatory time off as the case may be. Regardless of whether the absence is approved or not, any employee scheduled to work on a holiday, who fails to work that holiday, must use paid leave time to be paid for that day. (g) Temporary employees. Temporary/seasonal and part-time/temporary employees do not receive holiday pay. (Code 1875, § 23-29; G.O. 73, 2005, § 31; G.O. 71, 2008, § 17; G.O. 54, 2015, § 1; G.O. 48, 2020, § 1; G.O. 38, 2021, § 5; G.O. 1, 2026, § 1)

Indianapolis-Marion County Revised Code § 291-207 Compensatory leave.

Sec. 291-207. - Compensatory leave. (a) Nonexempt employees. Compensatory leave for employees classified as nonexempt shall be governed by the provisions of the Fair Labor Standards Act as supplemented by policies adopted by the controller and elected county officials. (b) Exempt and excluded employees. Employees classed as exempt or excluded from the provisions of the Fair Labor Standards Act may be granted compensatory leave time pursuant to the provisions of this subsection. Compensatory leave is reserved for those exceptional circumstances when the job requires the employees to work a longer amount of time than the regular course of the job demands. The policy respecting compensatory leave shall be determined by the controller and each elected county official, and in every such instance by the requirements and circumstances of each office. Full discretion is granted to all elected county officials and the controller. In no event shall such exempt or excluded employees be paid for unused compensatory time. (Code 1975, § 23-31; G.O. 71, 2008, § 17)

Indianapolis-Marion County Revised Code § 291-208 Bereavement leave.

Sec. 291-208. - Bereavement leave. Upon the death of a member of the immediate family, i.e., spouse, domestic partner, mother, father, son, daughter, brother, sister, stepmother, stepfather, stepson, stepdaughter, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandmother, grandfather, grandson and granddaughter or other relative who was residing with the employee, an employee will receive a maximum of five (5) working days' leave with pay. The appropriate official has discretion to grant five (5) days for leave to be charged against any earned leave time for a death of someone other than those listed above. Documentation of the appropriate circumstances may be required of the employee, e.g., death certificate or article. Additional time off to be charged to earned leave time if available, or without pay may be granted at the discretion of the city or county office, department, division, bureau or commission. Temporary and seasonal employees are not eligible for paid death leave. (Code 1975, § 23-33; G.O. 23, 2012, § 2; G.O. 48, 2020, § 1)

Indianapolis-Marion County Revised Code § 291-209 Temporary and occupational leaves.

Sec. 291-209. - Temporary and occupational leaves. The head of any office may approve temporary leaves and occasional leaves, with pay, to permit employees to attend conventions, short training sessions, to observe operations in other cities or counties deemed beneficial to government, or for other purposes approved by such officer. (Code 1975, § 23-34)

Indianapolis-Marion County Revised Code § 291-210 Military leave.

Sec. 291-210. - Military leave. (a) In general. Military leave shall be granted in accordance with appropriate state and federal law. In accordance with state law, a maximum of fifteen (15) eight-hour working days of paid military leave shall be granted. If an employee exceeds fifteen (15) days of military leave, then he/she may elect to go on leave without pay or to exhaust appropriate paid leave. (b) Special benefits for certain extended active duty. As a demonstration of the gratitude of the people of Indianapolis and Marion County for city and county public employees whose lives are disrupted and who might suffer financial and personal hardships by answering the call to bear arms for military duty to defend America's freedom and way of life during state or national emergencies, the following supplemental military leave fringe benefits shall be provided to eligible employees whose active duty extends beyond the fifteen (15) days leave provided under subsection (a): (1) For purposes of this subsection (b), "eligible employee" means any employee of the City of Indianapolis or of Marion County, including merit officers of the Marion County Sheriff's Department, the Indianapolis metropolitan police department, and the Indianapolis Fire Department, that serve in the National Guard or any reserve component of the armed forces of the United States and who by order of the Governor of Indiana or the President of the United States are placed on full-time active duty for more than thirty (30) days. (2) If an eligible employee's active duty base on a weekly basis is less than the normal work-week salary or wages earned by the eligible employee at the time of activation, such eligible employee shall receive a weekly payment as a fringe benefit equal to that difference, paid on the same schedule as if the employee were not on military leave. (3) If an eligible employee was a participant in a health benefit program provided by the city or county that covered dependants of the eligible employee, the city or county shall pay the employee/employer contribution for such dependant coverage during such military leave. (4) The employer contribution to PERF for an eligible employee shall be continued during the period of military leave. (5) For each eligible employee who is a Merit Officer of the Marion County Sheriff's Department, the employer shall pay the employee's contribution to the pension plan during the period of military leave. (6) An eligible employee who serves more than thirty (30) days and less than one hundred eighty (180) days on continuous active duty shall be granted an additional week of paid vacation leave; and an eligible employee who serves one hundred eighty (180) or more days of continuous active duty shall be granted an additional two (2) weeks of paid vacation leave, in accordance with the department's current policies and procedures. (7) The benefits provided under this subsection shall be administered as follows: a. Eligible employees who wish to apply for these benefits shall notify the office of finance and management and its human resources division as soon as possible after activation of their intent to claim such benefits providing documentation and verification of their orders to full-time active duty. b. The benefits provided under this subsection shall be paid from the personal services appropriations of the respective agency who employed the eligible employee; and the council will entertain transfers or additional appropriation requests from any agency whose budget is inadequate to cover such benefits. (8) This subsection shall be retroactive to January 1, 2003, for employees hired prior to that date. (c) With respect to public employees eligible for special benefits under subsection (b), the employer contribution to PERF shall be paid for any period between September 11, 2001 and December 31, 2002 during which the employee would have qualified for benefits under that subsection had it been effective during those periods of leave. (Code 1975, § 23-26; G.O. 32, 2003, § 1; G.O. 113, 2003, § 1; G.O. 73, 2005, § 32; G.O. 110, 2205, § 21; G.O. 71, 2008, § 18; G.O. 47, 2009, § 22; G.O. 25, 2013, § 1)

Indianapolis-Marion County Revised Code § 291-211 Implementation of benefit leave plan.

Sec. 291-211. - Implementation of benefit leave plan. (a) Effective date. The benefit leave and short term disability leave plans established by sections 291-203 and 291-204 shall take effect on September 1, 1994, for covered employees. Prior to this date, the current system of leave accrual shall continue. (b) Roll-over. On the effective date, each employee's accrued vacation leave, personal leave and perfect attendance leave will be rolled over into the employee's benefit leave bank. (c) Treatment of accrued sick leave banks. All sick leave which is in an employee's sick leave bank on the effective date will be placed into a sick leave bank which may be used as follows: (1) Sick leave may be used in the case of an employee's illness or injury if the employee does not have enough short term disability leave to cover the absence or for a doctor's appointment, or for the first five (5) days absence from work due to an illness or injury. (2) Sick leave in excess of one hundred forty-four (144) hours (in excess of one hundred thirty-five (135) hours for those employees normally scheduled to work a thirty-seven and one-half-hour week) may be converted to benefit leave at the rate of one (1) benefit leave hour for every two (2) sick hours converted. This conversion election may be made twice a year on June 1 and December 1 and will be effective the following July 1 and January 1. Once conversion is elected, the time converted from sick leave to benefit leave cannot be converted back and will be subject to the maximum carryover provisions established in section 291-203. (3) Upon an employee's separation due to death, disability (as defined by the Social Security Act) or retirement under circumstances that the employee would be eligible for retirement benefits under Social Security or any other plan in effect with the city, any employee with more than one (1) year of employment from the last date of hire may be paid for accumulated sick time remaining in his/her sick leave bank at the rate of one-half (½) his/her regular rate of pay at the time of retirement. (4) An employee who is terminated due to a reduction in force will be entitled to compensation for time remaining in his/her sick leave bank at one-half (½) his/her hourly rate of pay up to a maximum of eighteen (18) days of compensation if the employee has more than one (1) year of employment from the last date of hire and relinquishes any and all recall rights, whether established by contract or by policy, within ten (10) days of being laid off. (5) Other than under the conditions listed in subsections (3) and (4) above, an employee will not be entitled to be paid for any time in his/her sick leave bank upon separation. (Code 1975, § 23-39)

Indianapolis-Marion County Revised Code § 291-212 Special conversion period.

Sec. 291-212. - Special conversion period. (a) Notwithstanding section 291-211(c), current employees of the Information Services Agency (ISA) and any other city and county employees whose job functions are to be performed by the information technology outsourcing vendor pursuant to the Information Operating Agreement ("agreement") ("affected employees") may elect to convert accrued sick leave in excess of one hundred forty-four (144) hours or one hundred thirty-five (135) hours (whichever is applicable) to benefit leave at the rate of one (1) benefit leave hour for every two (2) sick hours. Such election must be made in writing to the appropriate official or department director no more than thirty (30) days after the city-county council has given approval to the agreement and will be effective upon submission. Affected employees who elected to convert sick leave effective July 1, 1995, or January 1, 1996, pursuant to section 291-211(c)(2) may elect to rescind the conversion by notifying the appropriate official or department director in writing of the recision prior to February 15, 1996. Upon such notification, the affected employee will be credited with appropriate sick leave as computed in this section to the extent he/she has sufficient benefit leave to reconvert. (b) Notwithstanding section 291-203(h), current employees of ISA may carry over an unlimited number of benefit leave hours, with the approval of the ISA director, from calendar year 1995 to calendar year 1996. The maximum carryover limits established by section 291-203(h) shall apply to ISA employees in subsequent years. (Code 1975, § 23-40)

Indianapolis-Marion County Revised Code § 291-213 Reserved.

Indianapolis-Marion County Revised Code § 291-214 School volunteer leave.

Sec. 291-214. - School volunteer leave. (a) Time off with pay shall be granted to full-time employees for their voluntarily participation in activities for the benefit of a public school, school corporation, or other school which is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. Such leave shall be granted in a maximum amount of eight (8) hours during the months of January through June, and a maximum amount of eight (8) hours during the months of July through December. The volunteer activities under this section shall be for the benefit of a school, and shall not promote religion, or attempt to influence legislation, governmental policy, or elections to public office. (b) For purposes of IC 35-44-2-4, this section shall constitute a policy issued by the mayor, upon the mayor's approval of this ordinance and until such time as the mayor may rescind such policy by any affirmative act. (G.O. 1, 2001, § 1)

Indianapolis-Marion County Revised Code § 291-215 School leave for parents, guardians and custodians.

Sec. 291-215. - School leave for parents, guardians and custodians. (a) A full-time employee who is the parent, guardian, or custodian of a child enrolled in school shall be allowed to rearrange his or her employment schedule to attend parent-teacher conferences, or like events, at his or her child's school. Such rearrangement may be for a maximum amount of eight (8) hours during the months of January through June, and a maximum amount of eight (8) hours during the months of July through December. (b) A rearrangement of the employee's schedule under this section may only occur with the prior approval of the employee's supervisor, who shall consider the operational needs of the office in determining whether an employee's request for such rearrangement will be granted. (G.O. 1, 2001, § 1)

Indianapolis-Marion County Revised Code § 291-216 Public safety officer on-duty injury leave.

Sec. 291-216. - Public safety officer on-duty injury leave. A public safety officer employed full-time by the Indianapolis metropolitan police department who sustains an on-duty injury which causes the public safety officer to be absent from work for more than forty (40) consecutive hours, shall receive forty (40) hours of on-duty sick leave, to be used during the qualifying period for short term disability leave as provided in section 291-204 of the Code, and/or workers' compensation benefits as provided by state law; however, in no event shall the public safety officer be entitled to receive more than his or her regular rate of pay. In order to qualify for this leave, the public safety officer must provide appropriate medical documentation. The leave taken pursuant to this provision shall not be deducted from the public safety officer's accrued benefit leave or short-term disability leave. (G.O. 88, 2003, § 1; G.O. 110, 2005, § 22; G.O. 47, 2009, § 23)

Indianapolis-Marion County Revised Code § 291-217 Parental leave.

Sec. 291-217. - Parental leave. (a) Leave generally. Eligible employees will be entitled to up to six (6) weeks of paid parental leave, depending on length of employment, following the birth of an employee's child or the placement of a child with an employee in connection with adoption. This leave will run concurrently with Family and Medical Leave Act (FMLA) leave, as applicable. This policy will be in effect for births or adoptions of children occurring on or after January 1, 2022. (b) Eligibility. (1) Employees must meet the following criteria to be eligible for six (6) weeks of parental leave: a. Have been employed by the city for at least twelve (12) months; b. Have worked at least one thousand two hundred fifty (1,250) hours during the twelve (12) consecutive months immediately preceding the date the leave would begin; and c. Be a full- or part-time, regular employee (temporary employees and seasonal employees are not eligible for this benefit). (2) Employees must meet the following criteria to be eligible for four (4) weeks of parental leave: a. Have been employed by the city for at least six (6) months; and b. Have worked at least six hundred twenty-five (625) hours during the six (6) consecutive months immediately preceding the date the leave would begin; and c. Be a full- or part-time, regular employee (temporary employees and seasonal employees are not eligible for this benefit). (3) Employees must meet the following criteria to be eligible for two (2) weeks of parental leave: a. Have been employed by the city for at least three (3) months; and b. Have worked at least three hundred twelve and one-half (312.5) hours during the three (3) consecutive months immediately preceding the date the leave would begin; and c. Be a full- or part-time, regular employee (temporary employees and seasonal employees are not eligible for this benefit). (4) In addition, employees must meet one of the following criteria: a. Have given birth to a child; or b. Be the legal or biological parent of a child, recently born or adopted, if that child is age 17 or younger. c. The child must live in the same residence as the employee requesting the parental leave. (c) Employees will be entitled to this paid parental leave no more than once in a rolling twelve-month period, regardless of whether more than one birth or adoption event occurs within that twelve-month time frame. (d) Pay. Each week of paid parental leave is compensated at the employee's regular, straight-time weekly pay. Paid parental leave will be paid on the employee's regularly scheduled pay dates. (e) When taken. Upon approval by the human resources division, paid parental leave may be taken at any time during the six-month period immediately following the birth or adoption of a child with the employee. Paid parental leave may not be used or extended beyond this six-month time frame. (f) Paid parental leave is separate from other leave time and shall not be deducted from an employee's short-term disability or benefit leave accrual balance. (g) Employees must take paid parental leave in one continuous period of leave. Any unused paid parental leave will be forfeited at the end of the eligible six-month time frame. (h) Upon separation for any reason, the employee will not be paid for any unused paid parental leave for which the employee was eligible. (i) Implementation. The human resources division is authorized to develop additional guidance and make decisions consistent with the intent of this leave. (G.O. 38, 2021, § 6)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIORAD_CH291PE_ARTIILEHOFetched: 10/27/2026