With the passage of Senate Enrolled Act 409 (“SEA 409”), as of July 1, 2025, employers in Indiana must grant employees leave to attend certain school meetings related to their children, such as conferences to discuss the child’s Individualized Education Program (“IEP”). Prior to this, no requirement existed for Indiana employers; however, certain federal requirements under the Family and Medical Leave Act (“FMLA”) did cover similar activities.
Indiana now joins approximately 12 other states that have passed similar laws, although several of those states allow time off for other school-related events and activities.
SEA 409
Under SEA 409, employers may not take adverse employment action against employees who are absent from work as a result of attending their child’s educational attendance conference (i.e., their child missed more days than permitted under state law) or case conference committee meeting (i.e., their child has an IEP, etc.). Each employee is permitted one absence per year under this law.
If an employee attends more than one educational meeting per year, the new law will not prohibit an employer from taking adverse action. Furthermore, if the absence is longer than “reasonably necessary,” or the employee fails to provide the employer with at least five days’ advance notice of the meeting, the employer may also take adverse action against the employee. Additionally, the law states that an employee should make a reasonable effort to schedule a virtual meeting with the school.
Employee’s Right to Attend Similar Meetings Under FMLA
Prior to the adoption of SEA 409, parents already had a right to attend some of their child’s educational meetings. Under the FMLA, an eligible employee of a covered employer may take up to twelve weeks of unpaid leave to care for a spouse, child or parent with a serious health condition. 29 U.S.C. § 2612(a)(1)(C). This includes both physical and psychological care and making arrangements for changes in that care. 29 C.F.R. § 825.124(a)-(b).
In a 2019 FMLA opinion letter, the U.S. Department of Labor opined that a parent attending a Committee on Special Education meeting (or any meeting held under the Individuals with Disabilities Education Act) to address their child’s IEP was a “qualifying reason for taking intermittent FMLA leave,” provided the child has a qualifying serious health condition. The opinion letter stated that the parent attending these meetings was essential to providing the appropriate physical and psychological care to their child. Of note, at this particular meeting for this parent’s child, one or more clinical providers (e.g., speech pathologist, school psychologist and/or physical therapists) also attended the meeting.
As mentioned above, the key distinction under the FMLA is that the child must have a ”qualifying serious health condition.” This requirement does not exist under SEA 409.
Practical Takeaways
- Leave Required. Indiana employers are now required to provide leave to employees who are attending their child’s attendance conference or IEP meeting. Each employee is permitted one absence per year.
- Don’t Forget about the FMLA. Employees may retain rights under the FMLA to attend certain meetings related to their child’s educational and special needs at school when that child has a “qualifying serious health condition.”
- Know the State and Local Laws. As these types of “school-leave laws” become more prevalent, employers with employees in multiple states need to be sure to know their obligations under these various laws.
If you have any questions or would like additional information, please contact:
- Kevin Stella at (317) 977-1426 or kstella@hallrender.com; or
- Your primary Hall Render contact.
Special thanks to Summer Associate Kelsey Linzell for her assistance in the preparation of this article.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot give legal advice outside of an attorney-client relationship.
