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Home Labor Labor Law

Navigating Maternity Leave in Indiana: A Comprehensive Legal and Practical Guide for Expecting Parents

by Genesis Value Studio
October 6, 2025
in Labor Law
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Table of Contents

  • I. Executive Summary: The Three Pillars of Protection in the “Indiana Void”
  • II. The Cornerstone of Leave: A Forensic Analysis of the Family and Medical Leave Act (FMLA)
    • Chapter 1: Qualifying for FMLA in Indiana: The Three-Part Gauntlet
    • Chapter 2: The FMLA Entitlement: What You Actually Get
    • Chapter 3: The FMLA Process: A Step-by-Step Invocation
    • Chapter 4: FMLA for Fathers, Partners, and Adoptive Parents
    • Chapter 5: Intermittent Leave and Reduced Schedules
  • III. A New Frontier of Rights: The Pregnant Workers Fairness Act (PWFA)
    • Chapter 1: Accommodations, Not Leave: A Paradigm Shift
    • Chapter 2: “Reasonable Accommodations” Defined in Practice
    • Chapter 3: The “Interactive Process”: A Mandated Dialogue
    • Chapter 4: The Strategic Interplay of PWFA and FMLA
  • IV. The Financial Question: Deconstructing Pay During Maternity Leave
    • Chapter 1: FMLA is a Shield, Not a Paycheck
    • Chapter 2: Short-Term Disability (STD) Insurance: The Primary Pay Source
    • Chapter 3: The Role of Accrued Paid Time Off (PTO)
    • Chapter 4: The Status of State-Level Paid Leave in Indiana
  • V. Foundational Protections: Anti-Discrimination and Retaliation
    • Chapter 1: The Pregnancy Discrimination Act (PDA): The Bedrock Right
    • Chapter 2: Retaliation is Illegal: The Shield for Your Shield
  • VI. Practical Application: A Strategic Communication and Planning Guide
    • Chapter 1: Notifying Your Employer: When and How
    • Chapter 2: Crafting Your Maternity Leave & Coverage Plan
    • Chapter 3: The Essential Conversation with HR

I. Executive Summary: The Three Pillars of Protection in the “Indiana Void”

For expecting parents in Indiana, navigating the landscape of maternity leave can be a source of significant confusion and anxiety.

This is largely due to a critical reality: Indiana is one of the states that does not have a state-mandated paid family and medical leave program for private-sector workers.1

This absence creates what can be termed the “Indiana Void”—a gap where employees must proactively assemble their own leave and pay protections from a patchwork of federal laws and private benefits rather than relying on a single, comprehensive state entitlement.3

The complexity of this task is the root cause of the widespread uncertainty reflected in online forums and legal queries, where employees and even human resources departments often struggle to untangle the various rules.5

Successfully navigating this environment requires a strategic shift in mindset.

The expecting employee cannot be a passive recipient of benefits; they must act as a “general contractor” for their own maternity leave, sourcing and coordinating the disparate legal and financial components available to them.

The foundation of this project rests on understanding three distinct legal pillars that provide different forms of protection.

The three pillars are:

  • Pillar 1: The Right to Unpaid, Job-Protected LEAVE (The Family and Medical Leave Act – FMLA): This federal law secures an employee’s right to take extended time away from work for birth and bonding, ensuring their job (or an equivalent) is waiting for them upon return. This pillar is fundamentally about job security.8
  • Pillar 2: The Right to Reasonable ACCOMMODATIONS (The Pregnant Workers Fairness Act – PWFA): This newer federal law establishes an employee’s right to receive necessary changes to their work duties or environment that allow them to continue working safely and healthily during pregnancy and postpartum. This pillar is about workplace support and health preservation.10
  • Pillar 3: The Right to Be Free from DISCRIMINATION (The Pregnancy Discrimination Act – PDA & Anti-Retaliation Laws): This foundational civil rights law, along with protective clauses in the other pillars, guarantees the right not to be treated unfairly (e.g., fired, demoted, harassed) because of pregnancy or for exercising legal rights to leave or accommodation. This pillar is about fairness and legal protection.12

The most common and costly error is to conflate these pillars—for example, assuming that the right to leave under the FMLA is also a right to be paid, or that asking for an accommodation under the PWFA will deplete one’s leave allowance.

This report will deconstruct each pillar individually, clarifying its unique purpose, eligibility requirements, and practical application, thereby providing a clear blueprint for assembling a secure and well-planned maternity leave in Indiana.

Table 1: The Three Pillars of Pregnancy Protection in Indiana

FeatureFamily and Medical Leave Act (FMLA)Pregnant Workers Fairness Act (PWFA)Pregnancy Discrimination Act (PDA)
Primary PurposeTo provide job-protected leave for specific family and medical reasons.To require reasonable accommodations for limitations related to pregnancy, childbirth, and related conditions.To prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions.
Key BenefitUp to 12 weeks of unpaid time off with job and health benefit protection.Changes to the work environment or job duties to allow an employee to continue working safely.Protection from adverse employment actions like being fired, demoted, or not hired due to pregnancy.
When It AppliesFor the birth and bonding with a new child, or for a serious health condition (including prenatal incapacity).During pregnancy, childbirth, and the postpartum period when a known limitation exists.At all times during the employment relationship, from hiring to firing.
Is It a Source of Pay?No. FMLA leave is unpaid.No. It provides workplace modifications, not income replacement.No. It ensures fair treatment, but does not mandate paid leave.
Employer Size50+ employees within 75 miles; all public agencies and schools.15+ employees.15+ employees.

II. The Cornerstone of Leave: A Forensic Analysis of the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is the primary federal law that provides job security for employees needing to take time off for the birth and bonding of a child.

It is the bedrock upon which a secure leave plan is built.

However, it is not a universal right; its protections are contingent upon a series of strict eligibility tests that every employee must pass.

Understanding these requirements is the non-negotiable first step.

Chapter 1: Qualifying for FMLA in Indiana: The Three-Part Gauntlet

Eligibility for FMLA is determined by a three-part test, and an employee must meet all three criteria to be covered.

The failure to meet even one of these requirements means the FMLA’s job protections do not apply.

  • The Employer Test (50/75 Rule): The FMLA applies to private-sector employers who have 50 or more employees on the payroll for at least 20 workweeks in the current or preceding calendar year, located within a 75-mile radius of the employee’s worksite.8 This rule means that many individuals working for small businesses in Indiana are not covered by the FMLA. However, all public agencies (local, state, and federal) and all public and private elementary and secondary schools are covered employers regardless of the number of employees they have.15
  • The Tenure Test (12 Months): The employee must have worked for the covered employer for at least 12 months. A crucial and often misunderstood detail is that these 12 months of employment do not need to be consecutive.15 Employment within the past seven years generally counts toward this requirement, offering protection for employees who may have had a break in service.
  • The Hours Test (1,250 Hours): The employee must have worked at least 1,250 hours for the employer during the 12-month period immediately preceding the start of the leave.8 This is perhaps the most significant hurdle. The 1,250 hours include only those hours
    actually worked. Paid leave—such as vacation, sick time, or previously used FMLA leave—does not count toward this total.15 This provision can be a devastating “gotcha” for part-time employees, those with irregular schedules, or anyone who took a significant amount of paid time off in the year before their leave. This stringent requirement is a primary reason why access to FMLA is not universal; one analysis estimates that 64 percent of workers in Indiana are not able to take FMLA leave, either because they are not eligible or cannot afford to take it unpaid.4 This highlights a substantial gap in federal job protection within the state and underscores the critical importance of verifying eligibility as the absolute first step.

Chapter 2: The FMLA Entitlement: What You Actually Get

For those who clear the eligibility hurdles, the FMLA provides three core entitlements that form the foundation of job-protected leave.

  • 12 Weeks of Unpaid Leave: The FMLA grants an eligible employee up to 12 workweeks of unpaid leave during a 12-month period for qualifying reasons, including the birth and bonding with a newborn child.8 It is vital for employees to understand how their employer calculates the “12-month period.” The Department of Labor allows several methods: the calendar year, any fixed 12-month period (like a fiscal year), a 12-month period measured forward from the date an employee’s first FMLA leave begins, or a “rolling” 12-month period measured backward from the date an employee uses any FMLA leave. The rolling method is most common and can be complex, so asking HR for the specific method used by the company is essential for accurate leave planning.5
  • Job Restoration: This is the “job-protected” component of the law. Upon returning from FMLA leave, an employee must be restored to their original job or to an “equivalent” position.9 An equivalent job is one that is virtually identical in terms of pay, benefits, shift, location, and other working conditions. This provision prevents an employer from penalizing an employee for taking leave by demoting them or moving them to a less desirable role.9
  • Continuation of Health Benefits: During FMLA leave, the employer must maintain the employee’s coverage under any group health plan on the same terms and conditions as if the employee had continued to work.9 The employee remains responsible for paying their share of the health insurance premiums. This ensures that a family does not lose critical health coverage during the leave period.

Chapter 3: The FMLA Process: A Step-by-Step Invocation

Securing FMLA leave involves a formal process of communication and documentation between the employee and employer.

  • Providing Notice: For a foreseeable leave event like childbirth, an employee is required to provide their employer with at least 30 days’ advance notice.14 If 30 days’ notice is not possible (e.g., due to premature birth), notice must be given “as soon as practicable.” An employee does not need to use the specific phrase “I am requesting FMLA leave.” They simply need to provide enough information for the employer to understand that the requested leave may be covered by the FMLA, such as informing them of the expected due date.9
  • Medical Certification: An employer has the right to request medical certification from a healthcare provider to support the request for leave due to a serious health condition, which includes pregnancy and childbirth.9 The employer must allow the employee at least 15 calendar days to obtain and provide this certification.9 The Department of Labor provides standard forms for this purpose, which are often used by employers to ensure compliance.
  • Employer Response: Once an employee requests leave, the employer has specific obligations. They must notify the employee of their eligibility status within five business days and provide a notice of rights and responsibilities under the FMLA.16 This notice should detail any requirements for medical certification and explain the company’s policies regarding the substitution of paid leave.

Chapter 4: FMLA for Fathers, Partners, and Adoptive Parents

A common and damaging misconception is that maternity leave rights are exclusive to the birthing parent.

The FMLA is clear that its protections are broader.

The right to take up to 12 weeks of FMLA leave for bonding with a new child is gender-neutral.

It applies equally to fathers, same-sex spouses, and parents who are welcoming a child through adoption or foster care.15

This was a point of confusion in a real-world scenario where a new father was incorrectly told by his HR department that he was not entitled to any leave.6

This is incorrect under federal law.

Both parents are entitled to FMLA bonding leave, which can be taken any time within the first 12 months of the child’s birth or placement.15

There is one significant caveat: if spouses work for the same employer, the employer may limit them to a combined total of 12 weeks of leave for the purpose of bonding with a new child.

Chapter 5: Intermittent Leave and Reduced Schedules

The FMLA allows for flexibility in how leave is taken, but with important limitations, especially concerning bonding leave.

Leave for an employee’s own serious health condition, such as for prenatal care or incapacity due to pregnancy complications, can be taken intermittently (in separate blocks of time) or on a reduced leave schedule (working fewer hours per day or week) if it is medically necessary.9

However, for the purpose of bonding with a new child after birth, the rules are different.

An employee may take FMLA leave intermittently or on a reduced schedule for baby bonding only if the employer agrees.15

This is not an absolute right but a point of negotiation.

An employer can require that bonding leave be taken in a single, continuous block.


III. A New Frontier of Rights: The Pregnant Workers Fairness Act (PWFA)

Effective in June 2023, the Pregnant Workers Fairness Act (PWFA) represents a monumental shift in protections for pregnant employees in Indiana and across the nation.

It addresses a long-standing gap in federal law, creating a clear and affirmative duty for employers to provide support that allows employees to remain healthy and on the job.

Its core function is fundamentally different from the FMLA: the PWFA is about accommodation, not leave.

Chapter 1: Accommodations, Not Leave: A Paradigm Shift

Before the PWFA, pregnant workers often found themselves in a legal gray area.

Common pregnancy-related limitations like morning sickness, back pain, or lifting restrictions did not always meet the strict definition of a “disability” under the Americans with Disabilities Act (ADA), leaving many without a clear right to workplace modifications.11

The PWFA was passed with strong bipartisan support to fix this problem.11

The law requires covered employers (those with 15 or more employees) to make reasonable accommodations for an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the employer can demonstrate that doing so would cause an “undue hardship”.10

This creates a proactive duty for the employer to help, fundamentally changing the dynamic from one where the employee had to prove a disability to one where the employer must provide support for a known limitation.

Chapter 2: “Reasonable Accommodations” Defined in Practice

The term “reasonable accommodation” under the PWFA is broad and intended to be flexible.

The goal is to find a workable change to the work environment or the way a job is typically done.

Common examples include:

  • More frequent or longer breaks for rest, eating, or using the restroom.10
  • The ability to carry and drink water throughout the day.21
  • Providing a chair or stool for jobs that typically require standing.22
  • Modifying work schedules to accommodate medical appointments.10
  • Assistance with manual labor or temporary relief from heavy lifting.11
  • Closer parking spaces.10
  • Temporary transfer to a less strenuous or less hazardous position.
  • Providing appropriately sized uniforms and safety gear.10
  • Accommodations for lactation, such as providing a private space (other than a bathroom) and break time for pumping.10

A powerful feature of the PWFA is its creation of “Predictable Assessments.” These are four specific accommodations that the Equal Employment Opportunity Commission (EEOC) has determined are simple, common-sense requests that will, in virtually all cases, be considered reasonable and should be granted without the employer demanding medical documentation.

These are: 1) allowing an employee to carry water; 2) providing additional restroom breaks; 3) allowing an employee to sit if their job involves standing or stand if their job involves sitting; and 4) allowing extra breaks for eating and drinking.21

This provision significantly lowers the barrier for employees to ask for the most common types of support, removing the friction and potential intimidation of having to “prove” the need with a doctor’s note.

Chapter 3: The “Interactive Process”: A Mandated Dialogue

The PWFA requires employers and employees to engage in an “interactive process” to identify an effective accommodation.21

This is intended to be a flexible, good-faith conversation.

The process begins when the employee informs the employer of their limitation and need for an adjustment.

The request can be informal—spoken or written—and does not require any “magic words”.21

The employer must then engage with the employee to discuss potential solutions.

A critical protection embedded in this process is that an employer cannot unilaterally force an employee to take leave—paid or unpaid—if another reasonable accommodation is available that would allow the employee to continue working without causing an undue hardship.11

This prevents employers from pushing pregnant workers out of the workplace prematurely when a simple modification could solve the issue.

Chapter 4: The Strategic Interplay of PWFA and FMLA

The PWFA and FMLA are designed to work in tandem, not in opposition.

A strategic understanding of how they interact can maximize an employee’s health, income, and time with their newborn.

Consider this scenario: An employee in her second trimester begins experiencing significant back pain and fatigue.

  1. She uses the PWFA to request an ergonomic chair and the ability to take short, frequent rest breaks. Her employer provides these accommodations.
  2. Later in her third trimester, her doctor places a 15-pound lifting restriction on her. Her job normally requires lifting 30-pound boxes. Through the interactive process, she and her employer agree to temporarily reassign the lifting duties to a coworker.
  3. Because of these PWFA accommodations, she is able to continue working safely and productively up until her delivery date.
  4. After giving birth, she transitions to her full 12 weeks of FMLA leave for recovery and bonding.

In this example, the PWFA was used proactively to preserve her health and ability to work, saving her entire FMLA leave allotment for the period when it was most needed—after the baby’s arrival.

This demonstrates how the two laws serve distinct but complementary purposes.


IV. The Financial Question: Deconstructing Pay During Maternity Leave

For most expecting families in Indiana, the single most stressful question is: “How will we get paid?” The answer is complex because, unlike job protection, income replacement during leave is not guaranteed by a single federal law.

Instead, it must be pieced together from a “waterfall” of different sources, each with its own rules and limitations.

Chapter 1: FMLA is a Shield, Not a Paycheck

It is impossible to overstate this fundamental fact: the Family and Medical Leave Act provides unpaid leave.8

The law protects an employee’s job and health benefits, but it does not provide any form of wage replacement.

The federal government does not issue checks to employees on FMLA leave.

This is the most common and dangerous misconception, and understanding it is the first step in building a realistic financial plan for maternity leave.5

All income during the leave period must come from other sources.

Chapter 2: Short-Term Disability (STD) Insurance: The Primary Pay Source

For most employees in the private sector, Short-Term Disability (STD) insurance is the primary mechanism for receiving income during maternity leave.

  • What It Is: STD is an insurance policy, not a government program. It is typically offered as part of an employer’s benefits package (sometimes paid for by the employer, sometimes by the employee through payroll deductions) or can be purchased privately.5 It is designed to replace a portion of an employee’s income when they are medically unable to work due to a qualifying illness or injury.24
  • Application to Maternity Leave: For the purposes of an STD claim, the “disability” is the mother’s physical recovery from childbirth. As such, STD policies typically provide benefits for a standard recovery period: six weeks for a vaginal delivery and eight weeks for a Cesarean section.5 Benefits may be extended if there are documented postpartum medical complications, but they do not cover time taken off purely for “baby bonding.”
  • Critical Details and Pitfalls:
  • Benefit Amount: STD does not replace 100% of income. The benefit is typically a percentage of the employee’s regular earnings, commonly 60 percent.5
  • Waiting/Elimination Period: Nearly all STD policies have a waiting period, also called an elimination period, before benefits begin. This is a period of time after the disability begins (i.e., after childbirth) during which no benefits are paid. This period can range from a few days to a month, with 7 or 14 days being common.5 This creates an initial unpaid gap that must be covered by other means, such as saved PTO.
  • Enrollment and Pre-existing Conditions: It is imperative to enroll in an employer-sponsored STD plan during open enrollment before becoming pregnant. Pregnancy is often considered a pre-existing condition, and attempting to sign up after conception may result in the maternity claim being denied.
  • Policy Exclusions: Employees must carefully review the specific terms of their STD policy. Some individual policies sold directly to consumers, for example, may contain language that explicitly excludes coverage for a “normal pregnancy” and only pays benefits for certified “complications of pregnancy”.26 Discovering such a clause after the fact can be financially catastrophic.

Chapter 3: The Role of Accrued Paid Time Off (PTO)

An employee’s own bank of accrued leave—such as vacation days, sick time, or general Paid Time Off (PTO)—is the second key component of the financial puzzle.

Under FMLA regulations, an employer can require an employee to use their available paid leave concurrently with their unpaid FMLA leave.9

This means the time off is still counted against the 12-week FMLA entitlement, but the employee receives their full paycheck by drawing down their PTO balance.

This is not “extra” paid leave; it is simply a mechanism to get paid during a portion of the otherwise unpaid FMLA period.

Strategically, employees often use their PTO to cover the unpaid STD waiting period, ensuring a continuous stream of income.

The combination of these elements creates the “waterfall” effect.

An employee’s 12-week FMLA leave acts as the container.

The first week might be covered by one week of PTO to bridge the STD waiting period.

The next six to eight weeks are then partially paid by the STD insurance benefit.

Any remaining FMLA time is completely unpaid, unless the employee has more PTO to use or the company voluntarily offers a separate paid parental leave benefit.

Chapter 4: The Status of State-Level Paid Leave in Indiana

To manage expectations, it is important to understand the current legislative reality in Indiana.

Despite advocacy from various groups and compelling evidence of the economic and health benefits of paid leave, Indiana has not enacted a state-mandated paid family and medical leave program for private-sector employees.1

Proposals have been made, but as of now, there is no state-level insurance fund to provide wage replacement for maternity leave.

The State of Indiana does offer a “New Parent Leave” (NPL) policy for its own state government employees, which provides a set amount of paid leave for birth or adoption.2

While this demonstrates a model for what a state program could look like, it is crucial to recognize that this benefit

does not apply to employees working in the private sector.


V. Foundational Protections: Anti-Discrimination and Retaliation

Underpinning the rights to leave and accommodation is a legal shield designed to protect employees from unfair treatment based on their pregnancy.

This shield is composed of federal laws that prohibit discrimination and forbid employers from punishing employees who exercise their legal rights.

The fear of such negative consequences is a common theme in employee discussions and a primary reason why a clear understanding of these protections is so empowering.27

Chapter 1: The Pregnancy Discrimination Act (PDA): The Bedrock Right

Enacted in 1978 as an amendment to Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act (PDA) is the foundational anti-discrimination law for pregnant workers.

It makes it illegal for an employer with 15 or more employees to discriminate against an employee or job applicant on the basis of pregnancy, childbirth, or related medical conditions.12

This protection is comprehensive, covering all aspects of employment, including:

  • Hiring and firing
  • Pay and promotions
  • Job assignments and duties
  • Training opportunities
  • Employee benefits and leaves of absence 12

Under the PDA, an employer cannot refuse to hire a qualified applicant because she is pregnant or may become pregnant in the future.

Likewise, an employer cannot fire, demote, or deny a promotion to an employee simply because she announces her pregnancy.12

The law requires that women affected by pregnancy be treated the same for all employment-related purposes as other employees who are similar in their ability or inability to work.30

Chapter 2: Retaliation is Illegal: The Shield for Your Shield

Just as important as the rights themselves are the protections against being punished for using them.

It is illegal for an employer to retaliate against an employee for requesting, taking, or inquiring about their rights under the FMLA or the PWFA.9

Retaliation can take many forms, from overt actions to more subtle ones.

Examples of prohibited retaliatory acts include:

  • Firing or disciplining an employee for requesting or taking qualified leave.18
  • Telling an employee they must resign because there “won’t have a spot for me when I come back,” as was reported in one disturbing real-world query.7 This is a potential violation of both FMLA job restoration rights and anti-retaliation provisions.
  • Denying a promotion, bonus, or other job benefit to an employee who has taken leave or requested an accommodation.12
  • Creating a hostile work environment for an employee who has exercised their rights.18

A clear understanding of these anti-retaliation protections is crucial.

The fear of reprisal often causes employees to delay communicating their needs to their employer, which can create unnecessary friction and logistical challenges for the entire team.28

Knowing that the law explicitly forbids an employer from punishing an employee for giving notice or asking for help can provide the confidence needed to engage in early, transparent, and professional communication, which ultimately leads to a smoother and more positive experience for both the employee and the organization.


VI. Practical Application: A Strategic Communication and Planning Guide

Translating legal knowledge into effective action requires careful planning and professional communication.

While the law provides a framework of rights, the employee’s approach can significantly influence the tone and smoothness of the maternity leave process.

This section provides actionable strategies and templates based on best practices.

Chapter 1: Notifying Your Employer: When and How

The timing and method of announcing a pregnancy and leave plans can set the stage for the entire experience.

While personal circumstances vary, best practices from management and HR experts suggest a balanced approach.

  • When to Communicate: The general consensus is to inform a direct manager sometime around the end of the first trimester or the beginning of the second.32 This timing is often preferred because the risk of miscarriage has decreased, yet it provides the organization with ample time to plan for coverage. While FMLA only requires 30 days’ notice for foreseeable leave, providing several months’ notice is a professional courtesy that is typically well-received.33
  • How to Communicate: A two-step process is recommended. First, schedule a private conversation (in-person or via video call) with the direct manager to share the news personally.33 This shows respect and allows for an initial discussion. Following this conversation, send a formal email to both the manager and the HR department. This email should summarize the conversation and state the expected due date, creating a clear, dated, written record of the notification, which is a key recommendation from legal and HR forums.28

Chapter 2: Crafting Your Maternity Leave & Coverage Plan

While not legally required, preparing a detailed maternity leave and coverage plan is a powerful professional gesture.

It demonstrates foresight, commitment to the team, and a proactive approach to ensuring business continuity.

This document can significantly ease the transition for colleagues and management.

Moreover, it serves as a strategic tool of self-advocacy.

By preemptively documenting responsibilities and creating a positive paper trail of professionalism, it frames the employee as a highly organized and valuable team member, making any potential future adverse action appear more unreasonable.

A comprehensive plan should be a living document organized into three sections, based on successful models 34:

  1. Maternity Logistics:
  • Key Dates: Estimated Due Date, Planned Last Day of Work, Planned Return Date (even if tentative).
  • Leave Overview: A brief statement of intent (e.g., “I plan to take 12 weeks of leave under the FMLA, utilizing Short-Term Disability and accrued PTO.”).
  • Contact Preferences: A clear statement on how and when to be contacted during leave (e.g., “For urgent matters, please contact my designated backup. I will check email weekly, but please text for anything time-sensitive.”).
  1. Coverage & Handoff Plan: This is the core of the document and can be formatted as a simple table.
  • Columns: Project/Responsibility, Current Status, Key Contacts/Logins, Upcoming Deadlines, Assigned Backup Person.
  • Content: List all major projects and recurring daily/weekly tasks. Provide a brief status update for each and clearly designate who will be responsible for them during the leave.
  1. Re-Entry & Re-Onboarding Plan:
  • Return Plan: Outline any proposals for the return to work, such as a desire for a phased return (e.g., working three days a week for the first two weeks back).35
  • Re-Onboarding: Request a formal check-in meeting with the manager during the first week back to discuss project updates, team changes, and priorities for the coming months.37

Chapter 3: The Essential Conversation with HR

After notifying the direct manager, the next critical step is a detailed conversation with the Human Resources department.

The goal is to move from general knowledge to specific, unambiguous facts about company policy and benefits.

An employee should come prepared with a list of questions to ensure they leave with a clear understanding of their entitlements.

Checklist of Essential Questions for HR:

  • FMLA Eligibility: “Based on my employment history, can you please confirm my eligibility for FMLA leave? Which 12-month calculation method does our company use (e.g., calendar year, rolling backward)?”
  • Short-Term Disability (STD): “Could you please provide me with the Summary Plan Description for our company’s Short-Term Disability policy? I need to understand the benefit percentage, the waiting/elimination period, and the process for filing a claim.”
  • Paid Time Off (PTO) Integration: “What is the company’s policy on using accrued PTO, sick time, or vacation days concurrently with FMLA leave? Am I required to use it, and if so, in what order?”
  • Company-Specific Paid Leave: “Does our company offer any form of paid parental or maternity leave that is separate from Short-Term Disability? If so, how does it coordinate with FMLA and STD?”
  • Process and Contacts: “Who is my specific point of contact for submitting my FMLA medical certification and any STD claim forms? What is the timeline and process for submitting this paperwork?”
  • Health Benefits: “How will my portion of the health insurance premium be paid while I am on leave? Will it be deducted from my STD checks or will I need to submit payment directly?”

By asking these direct questions and documenting the answers, an expecting employee in Indiana can cut through the fog of the “Indiana Void” and build a solid, secure, and financially viable plan for their maternity leave.

Works cited

  1. Parental Leave Laws: State-by-State PFML Compliance Guide (2025) – Mosey, accessed on August 9, 2025, https://mosey.com/blog/parental-leave-laws-by-state/
  2. Indiana Paid Family Leave Laws – WorkforceHub, accessed on August 9, 2025, https://www.workforcehub.com/hr-laws-and-regulations/indiana/indiana-paid-family-leave-laws/
  3. Fact Sheet About Paid Family & Medical Leave Policies – Institute Home, accessed on August 9, 2025, https://institute.incap.org/paid-family-medical-leave
  4. Paid Leave Means a Stronger Indiana – National Partnership for Women & Families, accessed on August 9, 2025, https://nationalpartnership.org/wp-content/uploads/2023/04/paid-leave-means-a-stronger-indiana.pdf
  5. Let’s talk about maternity leave, FMLA and Short Term Disability : r …, accessed on August 9, 2025, https://www.reddit.com/r/BabyBumps/comments/nsti2m/lets_talk_about_maternity_leave_fmla_and_short/
  6. Indiana Maternity / Paternity Leave : r/pregnant – Reddit, accessed on August 9, 2025, https://www.reddit.com/r/pregnant/comments/zyhlpc/indiana_maternity_paternity_leave/
  7. Q: Can i really be fired for taking maternity leave? Cause HR says I need to resign., accessed on August 9, 2025, https://answers.justia.com/question/2023/10/11/can-i-really-be-fired-for-taking-materni-983622
  8. Family and Medical Leave (FMLA) | U.S. Department of Labor, accessed on August 9, 2025, https://www.dol.gov/general/topic/benefits-leave/fmla
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