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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Indiana employers must provide either one or two rest periods totaling 30 minutes to
employees under the age of 18 if scheduled to work six or more consecutive hours. Ind.
Code 20-33-3-30.
Indiana does not have any laws requiring an employer to provide a meal period or breaks
to employees 18 years of age or older, thus the federal rule applies. The federal rule does
not require an employer to provide either a meal (lunch) period or breaks. However, if an
employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must
be paid. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so
long as the employee is free to do as they wish during the meal or lunch period. DOL:
Breaks and Meal Periods.
Indiana employers must provide either one or two rest periods totaling 30 minutes to
employees under the age of 18 if scheduled to work six or more consecutive hours. Ind.
Code 20-33-3-30.
Indiana does not have any laws requiring an employer to provide a meal period or breaks
to employees 18 years of age or older, thus the federal rule applies. The federal rule does
not require an employer to provide either a meal (lunch) period or breaks. However, if an
employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must
be paid. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so
long as the employee is free to do as they wish during the meal or lunch period. DOL:
Breaks and Meal Periods.
Vacation
In Indiana, employers are not required to provide employees with vacation benefits, either
paid or unpaid. If an employer chooses to provide such benefits, it must comply with the
terms of its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Indiana Heart
Associates, P.C. v. Bahamonde, 714 N.E.2d 309 (Ind. App. 1999); Die &Mold, Inc. v.
Western, 448 N.E.2d 44 (Ind. App. 1983).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Williams v. Riverside, 846 N.E.2d 738 (Ind. App. 2006);
Damon Corp. v. Estes, 750 N.E.2d 891 (Ind. App. 2001); Indiana Heart Associates, P.C. v.
Bahamonde, 714 N.E.2d 309 (Ind. App. 1999).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Indiana Heart Associates, P.C. v.
Bahamonde, 714 N.E.2d 309 (Ind. App. 1999); Die &Mold, Inc. v. Western, 448 N.E.2d 44
(Ind. App. 1983).
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. See
Haxton v. McClure Oil Corp., 697 N.E.2d 1277 (Ind. App. 1998).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Indiana Heart Associates, P.C. v. Bahamonde, 714 N.E.2d 309 (Ind. App. 1999); Die &Mold,
Inc. v. Western, 448 N.E.2d 44 (Ind. App. 1983).
Neither Indiana’s Legislature nor its courts have stated whether an employer can lawfully
implement a “use-it-or-lose-it” vacation policy requiring employees to use their vacation
leave by a specific date or lose it. However, based on the State’s strong policy favoring
freedom of contract, it is likely such a policy would be lawful so long as employees were
made aware of the policy prior to it being enforced and so long as employees had
reasonable opportunities to use the leave prior to losing it. See Naugle v. Beech Grove City
Schools, 864 N.E.2d 1058 (Ind. Sup. Ct. 2007).
In Indiana, employers are not required to provide employees with vacation benefits, either
paid or unpaid. If an employer chooses to provide such benefits, it must comply with the
terms of its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Indiana Heart
Associates, P.C. v. Bahamonde, 714 N.E.2d 309 (Ind. App. 1999); Die &Mold, Inc. v.
Western, 448 N.E.2d 44 (Ind. App. 1983).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Williams v. Riverside, 846 N.E.2d 738 (Ind. App. 2006);
Damon Corp. v. Estes, 750 N.E.2d 891 (Ind. App. 2001); Indiana Heart Associates, P.C. v.
Bahamonde, 714 N.E.2d 309 (Ind. App. 1999).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Indiana Heart Associates, P.C. v.
Bahamonde, 714 N.E.2d 309 (Ind. App. 1999); Die &Mold, Inc. v. Western, 448 N.E.2d 44
(Ind. App. 1983).
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. See
Haxton v. McClure Oil Corp., 697 N.E.2d 1277 (Ind. App. 1998).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Indiana Heart Associates, P.C. v. Bahamonde, 714 N.E.2d 309 (Ind. App. 1999); Die &Mold,
Inc. v. Western, 448 N.E.2d 44 (Ind. App. 1983).
Neither Indiana’s Legislature nor its courts have stated whether an employer can lawfully
implement a “use-it-or-lose-it” vacation policy requiring employees to use their vacation
leave by a specific date or lose it. However, based on the State’s strong policy favoring
freedom of contract, it is likely such a policy would be lawful so long as employees were
made aware of the policy prior to it being enforced and so long as employees had
reasonable opportunities to use the leave prior to losing it. See Naugle v. Beech Grove City
Schools, 864 N.E.2d 1058 (Ind. Sup. Ct. 2007).
Severance
Indiana law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Indiana law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Indiana law does not require employers to provide employees with either paid or unpaid
holiday leave. IN Dept. of Labor FAQs. In Indiana, an employer can require an employee to
work holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Indiana law does not require employers to provide employees with either paid or unpaid
holiday leave. IN Dept. of Labor FAQs. In Indiana, an employer can require an employee to
work holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage
Indiana's current minimum wage is $7.25. IN Minimum Wage Notice; Ind. Code §
22-2-2-4(h). Some exceptions apply to Indiana's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Indiana's current minimum wage is $7.25. IN Minimum Wage Notice; Ind. Code §
22-2-2-4(h). Some exceptions apply to Indiana's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
Indiana requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a workweek, unless otherwise exempt. IN
Minimum Wage Notice; Ind. Code § 22-2-2-4(k).. See FLSA: Overtime for more information
regarding overtime requirements.
Indiana requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a workweek, unless otherwise exempt. IN
Minimum Wage Notice; Ind. Code § 22-2-2-4(k).. See FLSA: Overtime for more information
regarding overtime requirements.
Sick Leave
Indiana law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. IN Dept. of Labor FAQs. If an employer chooses to provide sick
leave, it must give employees written notice of the terms of the policy. An employer in
Indiana may be required to provide an employee unpaid sick leave in accordance with the
Family and Medical Leave Act or other federal laws.
Indiana law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. IN Dept. of Labor FAQs. If an employer chooses to provide sick
leave, it must give employees written notice of the terms of the policy. An employer in
Indiana may be required to provide an employee unpaid sick leave in accordance with the
Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
Indiana does not have any laws governing an employer's obligation related to an
employee's jury service. Thus, an employer would not be required to pay an employee for
responding to a jury summons or for serving on a jury.
Indiana does not have any laws governing an employer's obligation related to an
employee's jury service. Thus, an employer would not be required to pay an employee for
responding to a jury summons or for serving on a jury.
