31 Ind. Admin. Code 5-8-6.1

Current through October 31, 2024

Section 31 IAC 5-8-6.1 - Emergency conditions leave

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

(a) For purposes of this section, "emergency conditions" means circumstances requiring closing a state worksite due to conditions at that location adversely affecting the health or safety of employees or clients and customers, or all, or the ability of employees to perform required duties (e.g., water main breaks, sewage back-ups, power outages, or bomb threats), and where there is no reasonable alternative site for employees to perform the work. The director may authorize closing a state operation due to emergency conditions occurring at a worksite, and employees affected by that closure will not lose wages for the time the worksite is unusable.

(b) When the director declares a state worksite closed due to emergency conditions, employees scheduled to work at that worksite during that time, but not required to work, are given leave with pay. Employees required to work at the worksite under emergency conditions are granted compensatory time on an hour for hour basis for hours worked.

(c) Only the director may authorize the closing of a state worksite or operation due to emergency conditions. Reporting emergency conditions at a worksite must be submitted through designated chains of authority to the employee relations division of the department as soon as possible.

(d) An appointing authority may only authorize unpaid leave or an employee's request to use accrued leave, but may not authorize paid emergency conditions leave or compensatory time for work during emergency conditions.

(e) Employees engaged in emergency response duties or on previously approved leaves, and employees appointed on a temporary or an intermittent basis, are not eligible for emergency conditions leave.

(f) Emergency conditions leave does not apply to employees on sick leave or any other leave approved before an emergency condition has been declared, or to employees engaged in emergency response activities, such as snow removal, radio operations, or emergency management.

(g) Weather conditions affecting only the ability to commute are not considered emergency conditions requiring closing a state worksite or paid leave.

(h) For purposes of this subsection, "conditions of a serious nature" means circumstances that may:

(1) affect the ability of employees to report to work; or

(2) require curtailing operations by reducing staffing to minimum levels, or reassigning staff to another location or other locations; or both. If conditions of a serious nature exist, an appointing authority may curtail operations by reassigning employees to another worksite or other worksites, or authorizing leave without pay for affected employees, or both. Employees may elect to use vacation leave, personal leave, or compensatory time to cover absences.

31 IAC 5-8-6.1

State Personnel Department; 31 IAC 5-8-6.1; filed 8/19/2024, 5:25 p.m.: 20240918-IR-031240179FRA