Human Resource Blog

Maternity Leave

Does Indiana have state-specific laws regarding maternity leave? We are a non-profit agency with 17 employees. I understand the 12-week rule, but are there other laws concerning unpaid time away of less than 4 hours, breastfeeding at work, etc.

Indiana does not have a family leave law at the state level. The *12 week* law you are apparently referrig to is the federal FMLA, the Family and Medical Leave Act of 1993. That law permits employees to take up to 12 weeks of unpaid, job-protected leave total for pregnancy, childbirth and baby bonding. However, that law applies only to employers with 50 or more workers within 75 miles. Employees who are qualified for FMLA are also permitted to use it intermittently for prenatal appointments, etc.

There is no other Indiana or federal law that would require you to grant maternity leave, and we suggest you think very carefully before setting that precedent.

The indiana breastfeeding law went into effect on July 1, 2008. It requires that employees be given sufficient unpaid time to pump breast milk, a private location to do so, and a refrigerator in which to store the milk. However, that law applies to employers with 25 or more workers. Again, you should consider carefully before establishing a precedent.