Sec. 7. (a) Except as provided in subsection (b) or (c), an officeholder who elects to take the leave of absence described in section 6 of this chapter shall give written notice that the officeholder is taking a leave of absence for military service to the person or entity designated in IC 5-8-3.5-1 to receive a resignation for the office the officeholder holds.
(b) An officeholder who is:
(1) a justice of the supreme court, a judge of the court of appeals, or a judge of the tax court; or
(2) a judge of a circuit, city, probate, or superior court;
shall give the written notice required by subsection (a) to the clerk of the supreme court.
(c) An officeholder who holds a school board office shall give the written notice required by subsection (a) to the person or entity designated in IC 20-25-3, IC 20-25-4, IC 20-25-5, IC 20-23-12, IC 20-23-14, IC 20-23-15, IC 20-23-4, or IC 20-26 to receive a resignation for the office the officeholder holds.
(d) The written notice required by subsection (a) must state that the officeholder is taking a leave of absence because the officeholder:
(1) has been called for active duty in:
(A) the armed forces of the United States; or
(B) the national guard; and
(2) will be temporarily unable to perform the duties of the officeholder's office.
As added by P.L.79-2004, SEC.1. Amended by P.L.1-2005, SEC.74; P.L.2-2014, SEC.13.
Structure Indiana Code
Title 5. State and Local Administration
Article 9. Leaves of Absence and Appointment Preferences for Military Service
Chapter 4. Leaves of Absence for Military Service
5-9-4-1. Applicability of Chapter
5-9-4-3. "Armed Forces of the United States"
5-9-4-6. Officeholder's Leave of Absence for Active Duty
5-9-4-7. Written Notice of Leave; Person Receiving Notice; Contents of Notice
5-9-4-9. Notice to Person or Entity Making the Appointment
5-9-4-10. Term of Leave; Officeholder's Notice of Return; Resumption of Duties
5-9-4-11. Expiration of Officeholder's Term During Leave; Reelection