Sec. 6. (a) A member is entitled to service credit for adoption leave and maternity or paternity leave of not more than one (1) year if the employer certifies that the leave is granted in accordance with the employer's leave policy.
(b) A member is entitled to service credit for leaves of absence, granted under rules in force at the time of the leave, totaling not more than one-eighth (1/8) of the member's creditable service in the fund at the time the leave is taken. However, service credit for leave granted under this subsection may be included in calculating the maximum leave period if the employer makes employer contributions for the employee during the leave period.
(c) If a member receives compensation from the employer during the leave period, the employer must make contributions to the fund for the employee.
(d) A member may make contributions during the leave of absence based on the member's rate of compensation on the date the member's leave of absence began.
(e) Notwithstanding any law, this section must be administered in a manner consistent with the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). A member on a leave of absence that qualifies for the benefits and protections afforded by the Family and Medical Leave Act is entitled to receive credit for vesting and eligibility purposes to the extent required by the Family and Medical Leave Act, but is not entitled to receive credit for service for benefit purposes unless the leave is described in subsection (a) or (b).
As added by Acts 1977, P.L.53, SEC.3. Amended by P.L.5-1997, SEC.6; P.L.195-1999, SEC.23; P.L.27-2019, SEC.4.
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