Delaware Sick Leave laws & HR compliance analysis

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 create a legal obligation to grant it. Employers should regularly review statements made in handbooks or elsewhere to ensure that they accurately reflect current policies. If changes are necessary, the policy should be revised and employees 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).
Use of leave for adoption. Full-time state employees with 1 year of continuous service 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 documentation that they have applied for the adoption and that the travel is required for the adoption to be approved. Once the adoption has been approved, the employee's leave will be granted pursuant to the federal FMLA.
The employee is entitled to be reinstated in the position held at the time of the granting of the leave of absence. The employee will not accumulate ...

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