AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

Worker unemployment benefits: waits and new protections

Delaware workers unemployed because of a labor-dispute work stoppage generally wait 2 weeks for unemployment benefits, except in lockouts. Benefits are available starting in the third week for workers who meet all other unemployment eligibility requirements. The initial disqualification does not apply if the employer caused the dispute by breaking a work agreement or contract, including a union contract, or a state or federal law on hours, wages, or working conditions. It also does not apply if the employer hires a permanent replacement; the separate 2-week waiting period can be waived for either exception. A replacement is presumed permanent unless the employer certifies in writing that the worker can return to the prior job when the dispute ends. If the employer then denies that return, the worker qualifies to recover benefits lost during the disqualification period. The Department of Labor can penalize the employer up to $750 per employee for each week of benefits lost. Penalties go to the Special Administration Fund, and the department can also penalize fraudulent return-to-work certifications.