Delaware Leave of Absence (FMLA) laws & HR compliance analysis

Delaware Leave of Absence (FMLA): What you need to know

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also 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.
However, Delaware does not have such a law.
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Public employers—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 1 year of unpaid medical leave upon a showing of necessity (DE Code Tit. 29 Sec. 5501, DE Code Tit. 29 Sec. 5551).
Public employers—family leave. Full- and part-time public employees and employees of reorganized school districts are also entitled to use accumulated sick leave for the birth of a child of the employee or the employee's spouse or for adoption of a prekindergarten-aged child by the employee (DE Code Tit. 29 Sec. 5120, DE Code Tit. 14 Sec. 1333).
For in-depth guidance on leave and other employment matters related to maternity and pregnancy:
Adoption leave—state employees. Full-time state employees with 1 year of continuous service may take up to 6 weeks of unpaid leave for the adoption of a minor child.
A returning employee must be reinstated to the position held at the time leave began. Employees are entitled to use accumulated sick leave to travel out of the United States for the purpose of adopting a child from a foreign country.
Before leave is granted, the employee must provide ...

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