Maternity Leave Laws in Indiana: Your Full Entitlements

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., is the primary source of maternity leave protection in the United States. FMLA requires covered employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave during a 12-month period for childbirth and bonding with a newborn child. The law applies to employers with 50 or more employees within a 75-mile radius and covers employees who have worked there for at least 12 months and have accumulated at least 1,250 hours of service. During FMLA leave, employers must maintain the employee's group health insurance coverage under the same terms as if the employee were actively working.

The U.S. Department of Labor (DOL) enforces FMLA through its Wage and Hour Division. Remedies for FMLA violations include recovery of unpaid wages, damages for lost health insurance benefits, and in cases of willful violation, liquidated damages equal to the unpaid wages or benefits. Employees may also be awarded attorney fees and costs. FMLA does not require paid leave; employers may require employees to use accrued paid leave (vacation, sick time) to cover the leave period if state or local law or company policy permits.

FMLA also protects maternity leave taken for pregnancy-related disabilities, which may begin before childbirth. Pregnancy complications, bed rest, and medical treatment related to pregnancy qualify as serious health conditions under FMLA.

Indiana has no state-level maternity leave statute. Indiana Code § 22-2-16-2 establishes the general framework for employment law in the state but contains no affirmative requirement that employers provide maternity leave, paid or unpaid. This means Indiana employers are not statutorily required to grant any maternity leave beyond what federal law (FMLA) mandates.

Because Indiana lacks a state maternity leave law, all maternity leave protection in the state flows exclusively from FMLA. Indiana does not strengthen FMLA's protections, does not expand the definition of qualifying events, and does not impose paid leave requirements. Indiana law is therefore weaker than federal law in this area—it provides no additional safeguards beyond the federal minimum.

For employers with fewer than 50 employees within 75 miles, Indiana law provides no maternity leave entitlement whatsoever. Unlike some states (California, New York, New Jersey), Indiana has not enacted its own leave law that would cover smaller employers or require paid leave. This is a significant gap: a mother employed by a 10-person Indiana company has no statutory right to unpaid maternity leave under state law.

Indiana does protect pregnant employees from discrimination under state human rights law (Indiana Civil Rights Act, I.C. 22-9-1-1 et seq.), which prohibits discrimination based on sex and, by judicial interpretation, pregnancy. However, this protects the pregnant employee's right to equal treatment and reasonable accommodation—it does not create an affirmative leave entitlement.

Indiana employers are free to offer paid maternity leave, short-term disability programs, or more generous unpaid leave as a matter of policy. Some Indiana employers provide such benefits, but none is required by state law. Employees should review their employee handbook or benefits summary to determine what their specific employer offers.

FMLA does not apply to Indiana employers with fewer than 50 employees within a 75-mile radius. Employees who have not worked at their employer for 12 months are not eligible. Employees who have not worked 1,250 hours in the preceding 12 months are ineligible, even if employed by a covered employer. Part-time employees may fall below this threshold and lose FMLA protection.

Indiana employers are not required to provide paid maternity leave. They may require employees to use accrued paid time off (PTO), vacation, or sick leave during unpaid FMLA leave. If an employee has not accrued sufficient paid leave and the employer does not grant additional paid leave, the employee takes the leave unpaid.

FMLA protects the employee's job or an equivalent position, but the employer is not required to continue to pay salary. Health insurance premiums are the employee's responsibility during unpaid FMLA leave, though the employer must maintain coverage.

Indiana is an at-will employment state. I.C. 22-5-1-1 establishes at-will employment as the default rule. An employer may terminate an employee after maternity leave ends, so long as the termination is not retaliatory. However, if the employer's stated reason for termination is pregnancy or maternity leave, or if the timing suggests retaliation for taking FMLA leave, the employee may have a claim for wrongful termination or FMLA retaliation.

Small employers (fewer than 50 employees) are not covered by FMLA and may legally terminate an employee for taking unpaid maternity leave. Indiana does not require reasonable accommodation for pregnancy beyond what federal law (Title VII as amended by the Pregnant Workers Fairness Act, PWFA) requires as of June 2023.

Union employees and those covered by collective bargaining agreements may have additional leave rights negotiated into their contract; the collective bargaining agreement controls if it is more favorable than law.

Step 1: Document Everything. Keep copies of all communications with your employer regarding your pregnancy and maternity leave request. Write down dates you informed your employer of your pregnancy and expected delivery date. Save your employee handbook, any maternity leave policy documents the employer gave you, and records of your hours worked (timesheets, pay stubs showing hours). Document any negative comments made about your pregnancy or plans to take maternity leave. Take screenshots of emails or printed copies of any written communications. Keep a personal calendar noting when you requested leave, when you were approved or denied, and when you returned to work.

Step 2: Understand Your Employer's Policy and Make an Internal Complaint. Review your employee handbook for any stated maternity or parental leave policy. If your employer offers leave that exceeds FMLA, you are entitled to that. Request your company's HR department to clarify in writing what maternity leave is available to you, how much is paid, and when you must return. If your employer denies leave you believe you are entitled to, file an internal complaint with HR. Put your complaint in writing: state the date you requested leave, the reason (childbirth and bonding), and why you believe you are entitled to it. Keep a copy for yourself. Request a written response. This creates a clear record and often prompts employers to correct course. Do not assume your manager speaks for company policy; HR has authority over leave decisions.

Step 3: File with the U.S. Department of Labor or EEOC if Retaliation or Discrimination is Involved. If you believe you were denied FMLA leave or retaliated against for taking leave, you may file a complaint with the U.S. Department of Labor Wage and Hour Division. Visit www.dol.gov/agencies/whd/fmla or call 1-855-4-USDOL (1-855-487-3665). You may also contact the Indiana office: Indianapolis Wage and Hour Division, 575 North Pennsylvania Street, Suite 575, Indianapolis, IN 46204, phone (317) 226-6801. If you believe discrimination occurred based on pregnancy or sex, file with the Equal Employment Opportunity Commission (EEOC). Visit eeoc.gov or call 1-800-669-4000. The EEOC office serving Indiana is the Indianapolis District Office, 101 West Ohio Street, Suite 1600, Indianapolis, IN 46204, phone (317) 226-7212. You have 180 days from the date of the violation to file an EEOC charge in Indiana (Indiana is not a deferral state, so you do not have 300 days). You have generally 2 years to sue for FMLA violations (3 years if willful). File with all relevant agencies to preserve all claims.

Step 4: Prepare for the Investigation. Once you file a complaint, the DOL or EEOC will contact your employer for a response. The investigation typically takes 60 to 180 days. You will be asked to provide detailed information about your position, salary, hours worked, when you requested leave, and when you returned. Provide all documentation you saved. The DOL and EEOC will review your employer's records, including payroll, leave policies, and communications. They will interview relevant managers and HR staff. Be prepared to explain why you believe you were entitled to leave and, if applicable, how the denial or retaliation harmed you. Follow up with the investigator periodically; do not assume they will contact you.

Step 5: Consult an Employment Attorney. If the investigation does not resolve your claim or if the agency finds merit but does not take action, consult an employment attorney experienced in maternity leave and FMLA claims. Many attorneys work on contingency, meaning you pay no upfront fee. An attorney can evaluate whether you have a strong claim, negotiate with your employer, or file a lawsuit in federal district court. For FMLA violations, you may recover unpaid wages or salary, damages for lost health insurance, liquidated damages equal to your actual damages, and attorney fees. For pregnancy discrimination claims, you may recover compensatory damages (for emotional distress, lost wages) and punitive damages if the employer's conduct was willful. Consult an attorney promptly if you are considering litigation; statutes of limitations apply.