Domestic Violence Leave Laws in Indiana

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, permits eligible employees to take unpaid, job-protected leave for qualifying reasons, including domestic violence, sexual assault, or stalking. The law applies to employers with 50 or more employees within 75 miles. An employee is eligible if they have worked for the employer for at least 12 months and have worked at least 1,250 hours in the past 12 months.

Under the FMLA, an employee may take leave to address domestic violence impacts, including obtaining medical care, attending counseling, making relocation arrangements, obtaining legal assistance, or engaging in safety planning. The employee is entitled to up to 12 weeks (480 hours) of unpaid leave in a 12-month period, and the employer must maintain health insurance benefits during the leave.

The U.S. Department of Labor (DOL) enforces the FMLA. Employers cannot retaliate against employees for exercising FMLA rights. An employee who is denied FMLA leave or is retaliated against may file a complaint with the DOL Wage and Hour Division or pursue a private lawsuit.

Indiana does not have a state law requiring employers to provide domestic violence leave. Indiana Code § 22-2-26 addresses leave and absence policies generally but does not mandate paid or unpaid domestic violence leave. This means Indiana employers have no state-level obligation to grant domestic violence leave.

However, Indiana employers cannot retaliate against employees for seeking domestic violence resources, legal assistance, or time off to obtain help. While Indiana lacks a specific domestic violence leave statute, the state recognizes that employees have the right to address domestic violence without fear of job loss. Some Indiana employers, particularly larger private companies and public employers, voluntarily provide domestic violence leave as part of their employee benefits packages.

The federal FMLA is the primary legal mechanism available to Indiana employees. For those employed by covered employers (50+ employees), FMLA protections apply regardless of state law. Indiana employees not covered by FMLA may rely on company policy, accrued paid time off (PTO), personal leave days, or negotiated arrangements with their employer. Employees experiencing domestic violence should review their employee handbook and consult with human resources to determine what leave options are available.

Unlike states such as California or New York that have enacted state-specific domestic violence leave laws, Indiana does not provide a statutory entitlement. This places greater reliance on federal FMLA protections and voluntary employer policies. An employee facing domestic violence in Indiana should first determine whether their employer is FMLA-covered and then explore company-specific options.

Indiana employers are not required by state law to provide domestic violence leave, creating a broad exception to any employee entitlement. At-will employment doctrine applies in Indiana, meaning employers may generally terminate employees at will unless a specific law, contract, or public policy exception applies. Domestic violence leave is not a protected at-will exception under Indiana law.

Small employers with fewer than 50 employees are not covered by the FMLA, so employees at those employers have no federal domestic violence leave right. Additionally, an employee must have worked for their employer for at least 12 months and 1,250 hours to qualify for FMLA leave; new or part-time employees may fall outside this protection. Employees who have exhausted their 12-week FMLA entitlement in a 12-month period cannot take additional FMLA-protected leave.

Indiana employers may also deny leave requests if the employee is not eligible under FMLA or the company's own policy, or if the leave would create undue operational hardship. However, employers cannot deny leave or retaliate if the employee's reason is domestic violence-related if the employer has a domestic violence policy in place. Salaried employees classified as exempt under federal overtime rules retain FMLA protections but may lose pay in some circumstances.

Union employees may have additional domestic violence leave rights negotiated in their collective bargaining agreement. Independent contractors and gig workers are not covered by FMLA or Indiana employment law protections.

Step 1 — Document Your Situation. Keep detailed records of any domestic violence impacts on your work, including dates, times, and incidents affecting your attendance or performance. Save all communication with your employer regarding leave requests, including emails and text messages. Retain any medical records, police reports, restraining orders, or counseling documentation that supports your need for leave. Document any retaliation your employer takes after requesting leave, such as disciplinary actions, reduced hours, or hostile treatment.

Step 2 — Review Your Employer's Domestic Violence Policy. Obtain a copy of your company's employee handbook or policy manual and search for sections on domestic violence, bereavement leave, personal leave, or emergency time off. If your employer has a formal domestic violence leave policy, follow the stated procedures exactly, including notifying the designated manager or human resources contact. If no such policy exists, check your company's general leave policies, including sick leave, personal days, and PTO, to understand what leave options may be available. Document the date you accessed the handbook and any communications with HR regarding policy interpretation.

Step 3 — File an Internal Complaint. Request a meeting with your human resources department or immediate supervisor and inform them that you need leave due to domestic violence. You do not need to disclose specific details about the violence itself but may explain that the leave is necessary for medical care, legal assistance, counseling, or safety planning. Submit your leave request in writing, including the reason (domestic violence or personal emergency) and the dates needed. Keep a copy of your written request and any response from HR. If your employer denies the request without cause or threatens retaliation, document this in writing.

Step 4 — Determine Your FMLA Eligibility and File Federally If Needed. Check your employer's size: FMLA applies only to employers with 50 or more employees. Verify your employment history: you must have worked there for at least 12 months and 1,250 hours in the past 12 months. If you meet these requirements, inform your employer that you are requesting leave under the FMLA. Employers covered by FMLA must grant up to 12 weeks of unpaid, job-protected leave. If your employer denies FMLA leave improperly or retaliates, file a complaint with the U.S. Department of Labor Wage and Hour Division at www.dol.gov/agencies/whd or call 1-866-4-USDOL (1-866-487-3652). You have two years to file an FMLA retaliation complaint (three years if willful violation). Include in your complaint: your name and contact information, employer name and address, dates of the violation, description of what happened, and copies of any supporting documentation.

Step 5 — Consult an Attorney If Necessary. If your employer retaliated against you for requesting domestic violence leave, retaliates after you take leave, or violates FMLA rights, contact an employment law attorney. Many attorneys in Indiana offer free or low-cost initial consultations. Look for attorneys experienced in FMLA violations, retaliation claims, or wrongful termination. If you cannot afford an attorney, contact the Indiana Coalition Against Domestic Violence (1-800-332-7385) for referrals to legal aid organizations or pro bono employment lawyers. Attorneys may also help you pursue a claim under general wrongful termination or retaliation theories if your employer's conduct violates public policy or your employment contract.