CHAPTER 4. LEAVES OF ABSENCE FOR MILITARY SERVICE
IC 5-9-4
Chapter 4. Leaves of Absence for Military Service
IC 5-9-4-1
Applicability of chapter
Sec. 1. (a) This chapter applies to a person who:
(1) holds a state, legislative, local, or school board office (all as
defined in IC 3-5-2);
(2) is called into active duty in the:
(A) armed forces of the United States; or
(B) the national guard; and
(3) may not appoint a deputy under IC 5-6-2.
(b) This chapter may not be applied in violation of Article 2,
Section 9 of the Constitution of the State of Indiana.
As added by P.L.79-2004, SEC.1.
IC 5-9-4-2
"Active duty"
Sec. 2. As used in this chapter, "active duty" means full-time
service in:
(1) the armed forces of the United States; or
(2) the national guard;
for a period that exceeds thirty (30) consecutive days in a calendar
year.
As added by P.L.79-2004, SEC.1.
IC 5-9-4-3
"Armed forces of the United States"
Sec. 3. As used in this chapter, "armed forces of the United
States" means the active or reserve components of:
(1) the army;
(2) the navy;
(3) the air force;
(4) the coast guard;
(5) the marine corps; or
(6) the merchant marine.
As added by P.L.79-2004, SEC.1.
IC 5-9-4-4
"National guard"
Sec. 4. As used in this chapter, "national guard" means:
(1) the Indiana army national guard; or
(2) the Indiana air national guard.
As added by P.L.79-2004, SEC.1.
IC 5-9-4-5
"Officeholder"
Sec. 5. As used in this chapter, "officeholder" refers to a person
who holds a state, legislative, local, or school board office (all as
defined in IC 3-5-2).
As added by P.L.79-2004, SEC.1.
IC 5-9-4-6
Officeholder's leave of absence for active duty
Sec. 6. (a) An officeholder who:
(1) is called into active duty in the:
(A) armed forces of the United States; or
(B) national guard; and
(2) as a result of the action described in subdivision (1), is
unable to perform the duties of the officeholder's office;
is entitled to a leave of absence from the officeholder's office for the
period of the active duty.
(b) An officeholder has not vacated the officeholder's office by
taking a leave of absence described in subsection (a).
As added by P.L.79-2004, SEC.1.
IC 5-9-4-7
Written notice of leave; person receiving notice; contents of notice
Sec. 7. (a) Except as provided in subsection (b) or (c), an
officeholder who elects to take the leave of absence described in
section 6 of this chapter shall give written notice that the officeholder
is taking a leave of absence for military service to the person or
entity designated in IC 5-8-3.5-1 to receive a resignation for the
office the officeholder holds.
(b) An officeholder who is:
(1) a justice of the supreme court, a judge of the court of
appeals, or a judge of the tax court; or
(2) a judge of a circuit, city, county, probate, or superior court;
shall give the written notice required by subsection (a) to the clerk of
the supreme court.
(c) An officeholder who holds a school board office shall give the
written notice required by subsection (a) to the person or entity
designated in IC 20-25-3, IC 20-25-4, IC 20-25-5, IC 20-23-12,
IC 20-23-14, IC 20-23-15, IC 20-23-4, or IC 20-26 to receive a
resignation for the office the officeholder holds.
(d) The written notice required by subsection (a) must state that
the officeholder is taking a leave of absence because the
officeholder:
(1) has been called for active duty in:
(A) the armed forces of the United States; or
(B) the national guard; and
(2) will be temporarily unable to perform the duties of the
officeholder's office.
As added by P.L.79-2004, SEC.1. Amended by P.L.1-2005, SEC.74.
IC 5-9-4-8
Temporary appointment during officeholder's leave; method and
term of appointment; rights, duties, and compensation of appointee
Sec. 8. (a) Except as provided in subsection (b), during the
officeholder's leave of absence the officeholder's office must be filled
by a temporary appointment made under:
(1) IC 3-13-4;
(2) IC 3-13-5;
(3) IC 3-13-6;
(4) IC 3-13-7;
(5) IC 3-13-8;
(6) IC 3-13-9;
(7) IC 3-13-10;
(8) IC 3-13-11;
(9) IC 20-23-4;
(10) IC 20-26;
(11) IC 20-23-12;
(12) IC 20-23-14;
(13) IC 20-23-15;
(14) IC 20-25-3;
(15) IC 20-25-4; or
(16) IC 20-25-5;
in the same manner as a vacancy created by a resignation is filled.
(b) For an officeholder who:
(1) is:
(A) a justice of the supreme court, a judge of the court of
appeals, or a judge of the tax court; or
(B) a judge of a circuit, city, county, probate, or superior
court; and
(2) is taking a leave of absence under this chapter;
the supreme court shall appoint a judge pro tempore to fill the
officeholder's office in accordance with the court's rules and
procedures.
(c) The person selected or appointed under subsection (a) or (b)
serves until the earlier of:
(1) the date the officeholder's leave of absence ends as provided
in section 10 of this chapter; or
(2) the officeholder's term of office expires.
(d) The person selected or appointed to an office under subsection
(a) or (b):
(1) assumes all the rights and duties of; and
(2) is entitled to the compensation established for;
the office for the period of the temporary appointment.
As added by P.L.79-2004, SEC.1. Amended by P.L.1-2005, SEC.75.
IC 5-9-4-9
Notice to person or entity making the appointment
Sec. 9. (a) Whenever the person or entity that receives the written
notice under section 7(a) or 7(c) of this chapter has the power to fill
a vacancy created by a resignation from the office the officeholder
holds, the person or entity shall make the temporary appointment
needed during the officeholder's leave of absence.
(b) Whenever the person or entity that receives the written notice
under section 7(a) or 7(c) of this chapter does not have the power to
fill a vacancy created by a resignation from the office the
officeholder holds, the person or entity shall, not later than
seventy-two (72) hours after receipt of the officeholder's notice, give
written notice of the need for a temporary appointment during the
officeholder's leave of absence to the person or entity who has the
power to:
(1) fill a vacancy; or
(2) call a caucus under IC 3-13-11 for the purpose of filling a
vacancy;
created by a resignation from the office the officeholder holds.
(c) Whenever the clerk of the supreme court receives the written
notice under section 7(b) of this chapter, the clerk shall give notice
of the officeholder's leave of absence to the supreme court in
accordance with the court's rules and procedures.
As added by P.L.79-2004, SEC.1.
IC 5-9-4-10
Term of leave; officeholder's notice of return; resumption of duties
Sec. 10. (a) A leave of absence under this chapter begins on the
date the officeholder enters active duty and ends on the earliest of:
(1) the date of the officeholder's death;
(2) the thirtieth day after the date of the discharge or release of
the officeholder from active duty; or
(3) the date the officeholder provides the written notice required
by subsection (b).
(b) An officeholder returning from a leave of absence under this
chapter shall give written notice that the officeholder's leave of
absence has ended to the person or entity to which the officeholder
provided notice under section 7 of this chapter.
(c) The person or entity that receives the written notice under
subsection (b) shall, not later than seventy-two (72) hours after
receipt of the officeholder's notice, give written notice that the
officeholder's leave of absence has ended to:
(1) the person temporarily appointed to the officeholder's office;
and
(2) any person or entity that received the written notice of the
leave of absence under section 9(b) of this chapter.
(d) On the date an officeholder's leave of absence ends, as
determined under subsection (a), the officeholder shall resume the
duties of the officeholder's office for the remainder of the term for
which the officeholder was elected.
As added by P.L.79-2004, SEC.1. Amended by P.L.2-2005, SEC.14.
IC 5-9-4-11
Expiration of officeholder's term during leave; reelection
Sec. 11. (a) In the event that the officeholder's term of office
expires during the officeholder's leave of absence, the office shall be
filled as required by law.
(b) Except as provided by a federal law or regulation, an
officeholder who is on a leave of absence under this chapter is
entitled to become a candidate for and be elected to the office from
which the officeholder has taken a leave of absence.
As added by P.L.79-2004, SEC.1.
IC 5-9-4-12
Construction with federal law
Sec. 12. This chapter may not be construed as a restriction or
limitation on any of the rights, benefits, and protections granted to a
member of:
(1) the armed forces of the United States; or
(2) the national guard;
under federal law.
As added by P.L.79-2004, SEC.1.