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Can Indiana workers be punished for taking bereavement leave?

On Behalf of | Oct 7, 2024 | Employee Rights

In Indiana, the question of whether workers can be punished for taking bereavement leave largely depends on the policies of their specific employer, as well as the type of employment they have. Currently, Indiana does not have a state law that mandates bereavement leave for private sector workers, although there are some protections in place for civil service employees

Effectively, this means that most employers are not required by law to offer time off for employees who are dealing with the death of a loved one. However, if an employer does provide bereavement leave as part of their company policy, workers do benefit from certain protections that prevent them from being unfairly punished for utilizing this leave.

Employer policies 

Many employers in Indiana voluntarily offer bereavement leave as part of their benefits package. This leave typically allows employees a few days off with pay or without pay to attend funeral services, grieve and handle related matters. If an employer offers bereavement leave, they are generally expected to adhere to their policy and cannot retaliate against an employee for using the benefit. These protections are broadly subject to the rules of contract law. 

If an employer does offer bereavement leave, they are generally protected from retaliation. Retaliation may include virtually any kind of punishment for taking leave. If an employee believes they have been unfairly punished for taking bereavement leave, they may have grounds for a legal claim against their employer. As every case of this kind is unique, it’s important to seek personalized legal guidance before committing to any particular plan of action or inaction accordingly. 

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