CHAPTER 10. STATE EMPLOYEES' BILL OF RIGHTS
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.