HB 1309 – Pregnancy Accommodation
Authored by Rep. Karen Engleman (R-Georgetown); sponsored by Sen Ron Alting (R-Lafayette)                                                                   

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 unless existing federal or state laws require that an accommodation must be made. 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 Senate Pensions and Labor Committee 6-4, with two Democrats voting in favor and three Republicans voting against.

Indiana Chamber action/commentary: We testified in favor of the legislation, along with Indiana’s Building Trades Union and the Indiana Manufacturers Association. We explained the concerns that we had in last year’s bill and other versions this session. These previous bills went beyond what the federal Pregnancy Discrimination Act and Americans With Disabilities Act require. Last year’s bill strongly favored the employee. In contrast, HB 1309 provides the right balance and captures the interaction between the employer and employee as is intended in federal legislation. One size does not fit all and this version is more helpful to those employers with smaller populations (15 and above).

Opponents of the bill, including the Indy Chamber, said that it didn’t go far enough and there were no penalties for non-adherence. While there was some difficulty passing the committee, we do expect the bill to pass the Senate.

SB 251– Deduction of Dues to Exclusive Representative
Authored by Sen. Phil Boots (R-Crawfordsville)                                                                             

Provides that a school employee has the right to resign from and end any financial obligation to a school employee organization at any time. Provides that a school employee must annually authorize a pay deduction to a school employee organization. Provides that a school employer shall annually provide, at a time it prescribes, written or electronic mail notification to its school employees of their right to cease payment of school employee organization dues and to withdraw from that organization. Full details.

Chamber position: Support

The latest: The bill passed the Senate Employment, Labor and Pensions Committee 8-3 this week along party lines.

Indiana Chamber action/commentary: Senator Boots testified that this is a transparency bill for teachers – notifying them of their rights in regard to union membership. It also requires notifications to school employees each year and for them to verify their membership. The Indiana State Teachers Association, the American Federation of Teachers and the AFL-CIO all opposed the bill. The Mackinac Center for Public Policy, the Indiana Professional Educators, Associated Builders and Contractors, Americans for Prosperity, the Association of American Educators, the Institute for Quality Education and the Indiana Chamber all testified in favor of the bill.

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