Section 35IAC2-1-4. Leave of absence

   (a) As used in this article, "FMLA" refers to the Family and Medical Leave Act (29 U.S.C. 2601 et seq.) and all applicable regulations and amendments.

  (b) This section and IC 36-8-8-6 shall be administered in a manner consistent with the FMLA.

  (c) If the member is compensated while on an FMLA covered leave, the statutory contributions must be maintained. A member may make contributions as provided in IC 36-8-8-6 during an unpaid FMLA leave, although such contributions would not result in credit for service for benefit purposes in any event. The member's employer is not required to make contributions with respect to an unpaid FMLA leave.

  (d) In calculating credit for vesting and eligibility purposes, time spent on an FMLA protected leave shall be counted, including any time spent receiving disability benefits while on such leave.

  (e) A member seeking credit for an FMLA leave must provide documentary evidence demonstrating that the statutory requirements have been satisfied. (Board of Trustees of the Indiana Public Retirement System; 35 IAC 2-1-4; filed May 7, 1998, 4:15 p.m.: 21 IR 3327; readopted filed Oct 31, 2001, 2:21 p.m.: 25 IR 898; adopted Nov 9, 2007: 20071205-IR-035070818ONA)