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Delaware Sick Leave: What you need to know

There is no Delaware law requiring private employers to provide employees sick leave, paid or unpaid, although many employers do grant it as an important employee benefit. It is important to remember, however, that if sick leave is promised, an employer may have a legal obligation to grant it.
Some courts have held that under certain circumstances policies published in employee handbooks may constitute implied contracts that are binding and enforceable. Employers should regularly review policy statements made in handbooks or elsewhere to ensure that they accurately reflect current policies. If not, they should be changed, and employees should be notified of the changes.
If the employer has made promises for the payment of sick leave, payment must be made within 30 days of when it is due (DE Code Tit. 19 Sec. 1109).
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Sick leave. The director of personnel is responsible for creating rules governing merit issues for state employees. The rules include provisions for annual, sick, and special leaves of absence, with pay or at reduced pay (DE Code Tit. 29 Sec. 5933).
Employees may donate sick leave to other state employees, to be used by the recipient only for catastrophic illness (DE Code Tit. 29 Sec. 5956).
Medical leave. Full- and part-time employees of the state, including the state school system, elected or appointed officials, paid employees of a volunteer fire company, paid nonstate employees of the Delaware State Housing Authority, and the counties and municipalities are entitled to up to one year of unpaid medical leave upon a showing of necessity (DE Code Tit. 29 Sec. 5501, Sec. 5551).
Family leave. Full- and part-time public employees and employees of reorganized school districts are ...

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Delaware Sick Leave Resources

Forms Paid Time Off (PTO)
White Papers Working While Sick: Not Smart

Sick Leave Products

HR Redi2Use Form: Military Leave of Absence

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HR Redi2Use Form: Sick Leave

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Pay and Benefits Rules for Employees on Leave Recording
BLR Webinar: "Pay and Benefits Rules for Employees on Leave: Incentive-Based Comp, PTO, Insurance Premiums, and More""
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BLR Webinar: "FMLA Abuse Prevention for HR: How to Combat Chronic Call-Ins and Fraud""
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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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