Delaware Leave Laws
No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
Vacation benefits are a matter of contract between the employer and the employee (Del. Code Ann. tit. 19, § 1109(a)).
- Use-It-or-Lose-It Policy
The state of Delaware has no statute governing the policy
- Payment of Accrued Vacation on Termination
If the employer’s policy is silent on the issue of paying accrued, unused vacation on termination, the employer is not obligated to pay. However, if the employer’s policy or an employment agreement between the employer and employee provides for vacation pay on termination, the employer must follow the terms of that policy or agreement. (Del. Code Ann. tit. 19, §§ 1103 and 1109(a)).
No federal or state law in Delaware requires employers to pay out an employee’s accrued vacation, sick leave, or other paid time off (PTO) at the termination of employment.
Maternity, Paternity, FMLA
In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Delaware has the following laws regarding Maternity and Paternity Leave:
Pregnancy Discrimination and Accommodation in the Workplace
Employers with 4 or more employees must provide reasonable accommodation to pregnant employees and applicants for employment, who have a pregnancy-related condition, including but not limited to childbirth and lactation.
Employers are required to treat pregnant employees in the same way they treat employees with any other type of disability.
Reasonable accommodations may include but are not limited to, more frequent or longer breaks, periodic rest, job restructuring, light-duty assignments, a modified work schedule, time off to recover from childbirth, or break time and appropriate facilities for expressing milk.
Employees must notify their supervisor in writing of the need for accommodation, including the need for breaks or facilities to express breast milk. Notification should include the frequency and duration of breaks, when feasible.
Jury Duty Leave
Delaware employers are required to provide employees with unpaid leave in order to respond to a jury service summons or serve on a jury unless local law requires payment.
An employer cannot terminate, threaten, or otherwise coerce an employee because the employee responds to a jury summons, serves as a juror, or attends court for prospective jury service. An employer also may not discharge or discipline a victim or representative of a victim for attending or participating in preparation for a criminal justice proceeding.
An employer also may not discharge or discipline a victim or representative of a victim for attending or participating in preparation for a criminal justice proceeding.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Delaware law does not require an employer to allow employees time off, paid or unpaid, to vote. If an employee has vacation time, an employer cannot prevent the employee from using accrued time to act as an election officer, so long as the employee is not in a critical need position. Critical Need Position is an employee in public safety, corrections, transportation, health care, utilities, a small business employing twenty (20) or fewer people, or necessary for the business or industry to operate on election day.
State National Guard and militia members called to active duty for at least 30 consecutive days or for federally funded duty for homeland security have the same leave and reinstatement rights and benefits guaranteed under USERRA.
In addition to USERRA, Delaware law provides National Guard members who are called to state active duty with the same rights, privileges, and protections with respect to employment as they would have if called for military training under federal law protecting reservists and National Guard members.