HB 1309 – Pregnancy Accommodation
Authored by Rep. Karen Engleman (R-Georgetown)

Allows an employee to request an accommodation for the employee’s pregnancy. Requires an employer to respond to an employee’s request for an accommodation within a reasonable time frame. Provides that a request for accommodation does not require an employer to provide an accommodation for an employee’s pregnancy, or impose a duty or obligation upon the employer to provide an accommodation or an exception to the employer’s policies. Prohibits an employer from disciplining, terminating or retaliating against an employee because the employee has requested or used an accommodation for the employee’s pregnancy.

Chamber position: Support

The latest: The bill passed the committee with only one vote against it; now eligible for further consideration by the full House.

Indiana Chamber action/commentary: The Chamber testified that we support the bill and it’s a good compromise from HB 1358 (which we deemed too prescriptive for employers). Meanwhile, opponents felt it didn’t go far enough. The Chamber also stated that as we read it, it’s clear what an employer’s duty is. We don’t believe that we give our employers enough credit, but when we read section 5 in the bill it’s clear that employers still have a duty to meet any obligations under federal law. Representative Ryan Hatfield (D-Evansville) agreed with our comments and supported the bill. The measure now moves to second reading. We expect amendments to attempt to mirror the bill to HB 1358, which has a specific list of required accommodations. The Chamber will be working to make certain that the bill passes in its current form.

SB 220 – Worker’s Compensation
Authored by Sen. Karen Tallian (D-Portage)

Provides that a claim for compensation must be filed with the worker’s compensation board within two years after the last date on which compensation for temporary total disability, temporary partial disability or suitable alternative work was paid. Increases benefits for injuries and disablements by: (1) 10% on and after July 1, 2021; (2) 6% on and after July 1, 2022; (3) 4% on and after July 1, 2023; (4) 4% on and after July 1, 2024; (5) 4% on and after July 1, 2025; and (6) 4% on and after July 1, 2026. Makes conforming amendments.

Chamber position: Oppose

The latest: The bill was amended in Senate Pensions and Labor Committee to provide a 2% increase in worker’s compensation benefits and then passed 8-2. It now moves to the Senate floor for second reading.

Indiana Chamber action/commentary: This debate has been going on for the last three or four years: That it’s time to increase worker’s comp benefits since no increase has been made since 2016 (enacted in 2013). The Chamber, along with the Indiana Manufacturers Association, testified in opposition to the bill in its current form. There has been an ongoing increase in the medical costs related to ambulatory surgical centers (ASCs) and those increased costs need to be addressed. There was an attempt for at least two years to get it fixed, but the issue was sidelined by Rep. Matt Lehman (R-Berne) last year in conference committee. We said that if a companion piece for ASC costs is included then we will support the bill and quite possibly support more than a 2% increase. Labor is in support of the bill as-is. While the bill most likely will pass the Senate, there doesn’t appear to be any appetite to fix the ASC issue in the House. If that ASC language isn’t included, we will continue to work to kill the bill.

Resource: Mike Ripley at (317) 264-6883 or email: mripley@indianachamber.com