CHAPTER 10. STATE EMPLOYEES' BILL OF RIGHTS - Indiana Statutes

IC 4-15-10
     Chapter 10. State Employees' Bill of Rights

IC 4-15-10-1
Definitions
     Sec. 1. As used in this chapter:
    "Agency" means any state administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similar body of state government created or established by law. However, the term does not include state colleges and universities.
    "Appointing authority" means the individual or group of individuals who have the power by law or by lawfully delegated authority to make appointment to a position in an agency.
    "Employee" means an employee of an agency except an elected official.
    "Supervisor" means an individual who oversees the daily activity of an employee.
As added by Acts 1981, P.L.36, SEC.2.

IC 4-15-10-2
Political activities
     Sec. 2. Except when on duty or acting in an official capacity and except where otherwise provided by state or federal law, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity.
As added by Acts 1981, P.L.36, SEC.2.

IC 4-15-10-3
Membership in organizations of employees
     Sec. 3. No employee shall be denied the right to be a member of an organization of employees.
As added by Acts 1981, P.L.36, SEC.2.

IC 4-15-10-4
Protection of employees reporting violations of state or federal laws
     Sec. 4. (a) Any employee may report in writing the existence of:
        (1) a violation of a federal law or regulation;
        (2) a violation of a state law or rule;
        (3) a violation of an ordinance of a political subdivision (as defined in IC 36-1-2-13); or
        (4) the misuse of public resources;
to a supervisor or to the inspector general.
    (b) For having made a report under subsection (a), the employee making the report may not:
        (1) be dismissed from employment;
        (2) have salary increases or employment related benefits withheld;
        (3) be transferred or reassigned;         (4) be denied a promotion the employee otherwise would have received; or
        (5) be demoted.
    (c) Notwithstanding subsections (a) and (b), an employee must make a reasonable attempt to ascertain the correctness of any information to be furnished and may be subject to disciplinary actions for knowingly furnishing false information, including suspension or dismissal, as determined by the employee's appointing authority, the appointing authority's designee, or the ethics commission. However, any state employee disciplined under this subsection is entitled to process an appeal of the disciplinary action under the procedure as set forth in IC 4-15-2-34 through IC 4-15-2-35.5.
    (d) An employer who knowingly or intentionally violates this section commits a Class A misdemeanor.
As added by Acts 1981, P.L.36, SEC.2. Amended by P.L.17-1984, SEC.1; P.L.32-1987, SEC.1; P.L.5-1988, SEC.25; P.L.9-1990, SEC.11; P.L.222-2005, SEC.21.

IC 4-15-10-5
Exercise of rights; penalties prohibited
     Sec. 5. No employee shall suffer a penalty or the threat of a penalty because he exercised his rights under this chapter.
As added by Acts 1981, P.L.36, SEC.2.

IC 4-15-10-6
Limitation of rights and remedies prohibited
     Sec. 6. Nothing in this chapter shall disparage, impair, or limit any other right or legal remedy of an employee.
As added by Acts 1981, P.L.36, SEC.2.

IC 4-15-10-7
Volunteer firefighting activity
     Sec. 7. (a) An employee may not be disciplined for absence from work if:
        (1) the employee is a member of a volunteer fire department under IC 36-8-12;
        (2) the employee has notified the employee's immediate supervisor in writing that the employee is a member of a volunteer fire department;
        (3) the employee presents a written statement to the employee's immediate supervisor from the chief or other officer in charge of the volunteer fire department that the employee was engaged in emergency firefighting activity at the time of the employee's absence from work; and
        (4) the employee secures authorization from the employee's supervisor to leave the employee's duty station if the employee has already reported for work.
    (b) An employee who:
        (1) is a member of a volunteer fire department under

IC 36-8-12; and
        (2) is injured while the employee is engaged in emergency firefighting or other emergency response;
may not be disciplined as a result of the injury or an absence from work because of the injury if the employee complies with subsections (a) and (c). However, for each instance of emergency firefighting activity or other emergency response that results in an injury to an employee, this subsection applies only to the period of the employee's absence from work that does not exceed six (6) months from the date of the injury.
    (c) The immediate supervisor of an employee described in subsection (b) may require the employee to provide evidence from a physician or other medical authority showing:
        (1) treatment for the injury at the time of the absence; and
        (2) a connection between the injury and the employee's emergency firefighting or other emergency response activities.
    (d) To the extent required by federal or state law, information obtained under subsection (c) by an immediate supervisor must be:
        (1) retained in a separate medical file created for the employee; and
        (2) treated as a confidential medical record.
    (e) The state personnel department shall administer an absence from employment under subsection (b) in a manner consistent with the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), as amended and in effect on January 1, 2009.
As added by Acts 1982, P.L.26, SEC.1. Amended by P.L.1-1999, SEC.4; P.L.63-2009, SEC.1.

IC 4-15-10-8
Civil air patrol emergency service operations
     Sec. 8. (a) For purposes of this section, "civil air patrol" refers to the Indiana wing of the civil air patrol.
    (b) For purposes of this section, "emergency service operation" includes the following operations of the civil air patrol:
        (1) Search and rescue missions designated by the Air Force Rescue Coordination Center.
        (2) Disaster relief, when requested by the Federal Emergency Management Agency or the department of homeland security established by IC 10-19-2-1.
        (3) Humanitarian services, when requested by the Federal Emergency Management Agency or the department of homeland security established by IC 10-19-2-1.
        (4) United States Air Force support designated by the First Air Force, North American Aerospace Defense Command.
    (c) An employee may not be disciplined for absence from work if:
        (1) the employee is a member of the civil air patrol;
        (2) the employee has notified the employee's immediate supervisor in writing that the employee is a member of the civil air patrol;
        (3) in the event that the employee has already reported for work

on the day of the emergency service operation, the employee secures authorization from the employee's supervisor to leave the employee's duty station before leaving to engage in the emergency service operation; and
        (4) the employee presents a written statement to the employee's immediate supervisor from the commander or other officer in charge of the civil air patrol indicating that the employee was engaged in an emergency service operation at the time of the employee's absence from work.
As added by P.L.10-2007, SEC.1. Amended by P.L.1-2009, SEC.10.