IC 22-2-13-13: Employee post-leave restoration to same or equivalent position

Sec. 13. (a) Except as provided in subsection (b), after an employee takes a leave of absence under this chapter, an employee must be restored to:

(1) the position that the employee held before the leave; or

(2) a position equivalent to the position that the employee held before the leave, with equivalent seniority, pay, benefits, and other terms and conditions of employment.

(b) An employer is not required to restore an employee to a position described in subsection (a) if the employer proves that the reason that the employee was not restored to the position is unrelated to the employee's exercise of the employee's rights under this chapter.