Labor & Employment (Paid Leave)

Requires a state employee health plan, a policy of accident and sickness insurance, and a health maintenance organization contract to: (1) grant an exception to a step therapy protocol for a prescription drug prescribed for the treatment of postpartum depression that is not indicated by the federal Food and Drug Administration for postpartum depression on the prescription drug's approved labeling; (2) provide coverage for biomarker testing for preeclampsia, doula services, mental health screenings, and treatment for maternal mental health; and (3) develop a maternal mental health program. Requires Medicaid pregnancy services to include reimbursement for doula services and biomarker testing for preeclampsia. Requires the division of mental health and addiction to develop and implement a program for pregnant women and children with a substance use disorder. Requires the office of women's health to: (1) develop, maintain, and disseminate certain information concerning resources that are available to pregnant women and new mothers; and (2) provide continuing education courses concerning postpartum depression and other related mental health disorders. Requires a hospital or birthing center to, before a patient's discharge from the hospital or birthing center following birth, providethe patient with information concerning postpartum depression and other related mental health disorders. Sets forth requirements for screening for preeclampsia using biomarker testing. Establishes the Hoosier family leave insurance program and the Hoosier family leave insurance trust fund. Prohibits an employer from discriminating against an employee who has a condition related to pregnancy or childbirth. Repeals a chapter regarding pregnancy and childbirth accommodation. Requires certain health care practitioners to screen caregivers for signs and symptoms of postpartum depression or other related mental health disorders and provide a referral for the caregiver if the screening is positive for a mental health disorder.

HB 1401 establishes a state-funded program pairing employers with childcare providers to offer subsidized childcare assistance to working parents. It directly affects eligible employers who partner with the program and working parents seeking affordable childcare options. The bill creates a partnership mechanism where the state provides funding (via an appropriation) to help employers cover childcare costs for their employees. The bill was recently introduced and referred to the Committee on Employment, Labor and Pensions for review.

Establishes the Hoosier family leave insurance program (program) to provide wage replacement benefits to covered individuals during periods of qualified family leave. Establishes the Hoosier family leave insurance trust fund. Requires the department of workforce development to administer the program.

Provides that an employee who has worked for an employer for at least a year is entitled to take an unpaid leave of absence for organ donation. Provides that a leave of absence may not exceed 30 working days per calendar year. Requires an eligible employee to provide notice to the employee's employer before taking a leave of absence. Provides that an employer may require an eligible employee to take other leave before using the leave of absence.

Requires the department of insurance (department) to establish, not later than January 1, 2027, a voluntary family leave insurance program (program) for the purpose of providing benefits to employees who elect to participate in the program. Sets forth requirements for the program. Allows the department to contract with an outside vendor to administer the program. Requires the department, not later than November 1, 2026, to submit a report to the legislative council and the budget committee concerning the proposed program. Establishes the voluntary family leave insurance program trust fund (trust fund) for the purpose of paying program benefits. Provides that the trust fund consists of employer or employee contributions, appropriations from the general assembly, and money received from any other source. Provides that certain employers are entitled to an adjusted gross income tax deduction equal to the total amount of contributions made by the employer to the trust fund during the taxable year multiplied by 200%.