Indiana Law Preempts Sick Leave Ordinances Locally

Indiana Statewide Law Prohibits Local Sick Leave Ordinances

In 2013 Indiana State lawmakers passes a preemptive law that forbade local city and county governments from enacting mandatory paid sick leave laws. A ban on local minimum wage laws were previously banned in 2011. The preemptive laws halt local legislation and prevent a patchwork of conflicting laws that often pop up, such as have occurred in Illinois and in New Jersey.

Indiana law S 213 provides that any county, city, town, or township may not establish, mandate or otherwise require an employer to provide an employee a benefit, term of employment, working condition, or attendance leave policy that exceeds the requirements of federal or state law.

However, currently Indiana is looking at several minimum wage laws and paid sick leave laws that would take effect almost immediately. These laws would only give businesses a few months to scramble to become compliant with the new requirements. If passed, Indiana would follow other states like Oregon and Arizona, who also have preemptive sick leave laws on the books, in creating a statewide mandatory sick leave law.

Indiana is among one of several states that have banned local sick leave laws or minimum wage laws from being passed locally. Currently 20 states have passed preemptive sick leave or minimum wage laws.

The states that have preempted local minimum wage ordinances, but not paid sick leave laws include Oregon, Idaho, Utah, Colorado, Ohio, Pennsylvania, New York, and Rhode Island.

Currently 13 states have passed preemptive laws against both minimum wage and sick leave bills on the local level. Those states include Kansas, Oklahoma, Missouri, Wisconsin, Michigan, Indiana, Tennessee, North Carolina, Missouri, Louisiana, Alabama, Georgia, and Florida.
Arizona is the only state that has preempted sick leave, but not minimum wage increases.

Written by Annemaria Duran. Last updated March 17, 2017

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