Some states have comprehensive laws that require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness. Delaware does not have such a law for its private employers. However, Delaware employers with 50 or more employees are covered by the federal Family and Medical Leave Act (FMLA).
Effective December 30, 2015, it is an unlawful employment practice for an employer to discriminate against any individual because he or she is the victim of domestic violence, a sexual offense, or stalking. Private employers with four or more employees within the state at the time of the alleged violation are covered by the law. The state or any political subdivision or board, department, commission, or school district is also covered (DE Code Tit. 19 Sec. 710 and 711).
Employers must make reasonable accommodation for employees’ needs related to domestic violence, a sexual offense, or stalking unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business.
Reasonable accommodation includes but is not limited to reasonable changes in the schedules or duties of the job that would enable the person to satisfactorily perform the essential duties of the job. Reasonable accommodation also includes allowing the individual to use accrued leave to address the domestic abuse, sexual offense, or stalking.
Undue hardship requires significant difficulty or expense when considered in light of such factors as the nature and cost of the accommodation; the overall financial resources of the employer; the overall size of the business of the employer with ...