Title 19 — Labor
26 chapters · 194 sections in this title.
19 Del. C. § 3701. Definitions.
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§ 3701. Definitions. For purposes of this chapter: (1) “Application year” means the 12-month period as defined in the FMLA. (2) “Child” means “son or daughter” as defined in the FMLA. (3) “Covered individual” means an individual who meets all of the following: a. Has been employe…
19 Del. C. § 3702. Eligibility for benefits; serious health condition; certification or documentation of leave.
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§ 3702. Eligibility for benefits; serious health condition; certification or documentation of leave. (a) Beginning 1 year after the start of contributions under § 3705 of this title, and subject to subsection (c) of this section, family and medical leave benefits are payable to a…
19 Del. C. § 3703. Duration of benefits.
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§ 3703. Duration of benefits. (a) A covered individual is eligible for a maximum of 12 weeks of family and medical leave benefits in an application year. (1) The maximum number of weeks during which parental leave benefits are payable under § 3702(a)(1) of this title in an applic…
19 Del. C. § 3704. Amount of benefits.
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§ 3704. Amount of benefits. (a) The amount of family and medical leave benefits is to be determined as follows: (1) The weekly benefit must be 80% of the covered individual’s average weekly wages rounded up to the nearest even $1.00 increment during the 12 months preceding submis…
19 Del. C. § 3705. Contributions.
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§ 3705. Contributions. (a) Payroll contributions are authorized to finance the payment of benefits under this chapter. The Department shall regulate the deduction, withholding, and payment of the contribution. (b) Beginning on January 1, 2025, for each employee, an employer shall…
19 Del. C. § 3706. Reduced leave schedule.
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§ 3706. Reduced leave schedule. (a) A covered individual may take covered leave on an intermittent or reduced leave schedule in which all of the leave authorized under this chapter is not taken sequentially. Intermittent or reduced leave may be taken only when medically necessary…
19 Del. C. § 3707. Leave and employment protection.
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§ 3707. Leave and employment protection. (a) A covered individual who exercises the covered individual’s right to family and medical leave benefits shall, on the expiration of the covered leave, be entitled to be restored by the employer to the position held by the covered indivi…
19 Del. C. § 3708. Retaliatory personnel actions prohibited.
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§ 3708. Retaliatory personnel actions prohibited. (a) It is unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. (b) An employer, temporary help company, employment a…
19 Del. C. § 3709. Coordination of benefits.
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§ 3709. Coordination of benefits. (a) (1) Covered leave that also qualifies as leave under the FMLA runs concurrently with leave taken under the FMLA and may not be taken in addition to leave under the FMLA. (2) An employer may require that payment made under this chapter be made…
19 Del. C. § 3710. Notice.
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§ 3710. Notice. (a) An employer shall provide written notice to each employee that includes all of the following: (1) The employee’s right to family and medical leave benefits under this chapter and the terms under which it may be used. (2) The amount of family and medical leave …
19 Del. C. § 3711. Appeal.
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§ 3711. Appeal. (a) The process for review of a denial of family and medical leave benefits is as follows: (1) On a determination of an individual’s claim for family and medical leave benefits under this chapter by the employer, the individual may request review of the determinat…
19 Del. C. § 3712. Erroneous payments; disqualification for benefits.
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§ 3712. Erroneous payments; disqualification for benefits. (a) A covered individual is disqualified from family and medical leave benefits for 3 years if the covered individual is determined by the Department to have wilfully made a false statement or misrepresentation regarding …
19 Del. C. § 3713. Family and Medical Leave Insurance Program.
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§ 3713. Family and Medical Leave Insurance Program. (a) (1) By January 1, 2025, the Department shall establish and administer a family and medical leave insurance program. (2) By not later than the date specified in § 3702(a) of this title, the Department shall pay family and med…
19 Del. C. § 3714. Federal and state income tax.
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§ 3714. Federal and state income tax. The employer or an approved private plan under § 3716 of this title shall advise a covered individual filing a new claim for family and medical leave benefits, at the time of filing the claim, of all of the following: (1) Family and medical l…
19 Del. C. § 3715. Family and Medical Leave Insurance Account Fund; establishment and investment.
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§ 3715. Family and Medical Leave Insurance Account Fund; establishment and investment. (a) A special fund designated as the Family and Medical Leave Insurance Fund is created. The Fund holds all revenues collected under this chapter. All moneys credited to the Fund are continuous…
19 Del. C. § 3716. Private plans.
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§ 3716. Private plans. (a) (1) Except as provided under subsection (e) of this section, an employer may apply to the Department for approval to meet the employer’s obligations under this chapter through a private plan. To be approved as meeting an employer’s obligations under thi…
19 Del. C. § 3717. Small business opt-in.
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§ 3717. Small business opt-in. (a) A small business may opt-in to provide parental leave benefits to its employees who are covered individuals. The small business may opt-in by providing notice to the Department in a manner determined by the Department. After the small business o…
19 Del. C. § 3718. Powers of the Department.
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§ 3718. Powers of the Department. (a) The Department shall administer and enforce this chapter. (b) A complaint, on a form created by the Department, may be filed with the Department for noncompliance with this chapter. (c) (1) The Department may audit employers for compliance wi…
19 Del. C. § 3719. Penalties.
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§ 3719. Penalties. (a) An employer who violates or fails to comply with any requirement of this chapter, including failing to file reports as prescribed by the Department, failing to make contributions as required by this chapter, and failing to properly handle and remit wage ded…
19 Del. C. § 3720. Regulations.
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§ 3720. Regulations. (a) The Department may adopt regulations as the Department deems necessary or appropriate to administer or enforce this chapter. Except as may be otherwise provided by the Department, a regulation adopted under this section takes effect on publication. (b) Th…
19 Del. C. § 3721. Reports.
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§ 3721. Reports. Beginning in 2027, the Department shall report to the General Assembly by April 1 of each year on projected and actual program participation by purpose under § 3702(a) of this title, gender of beneficiary, Fund balances, outreach efforts, and total utilization an…
19 Del. C. § 3722. Public education.
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§ 3722. Public education. (a) The Department shall conduct a public education campaign to inform employees and employers regarding the availability of family and medical leave benefits. (b) The Department may use a portion of the funds collected for the family and medical leave b…
19 Del. C. § 3723. Sharing technology.
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§ 3723. Sharing technology. The Department is encouraged to use Delaware data collection and technology to the extent possible and to integrate the family and medical leave benefits program with existing state policies.83 Del. Laws, c. 301, § 1;
19 Del. C. § 3724. Departmental report.
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§ 3724. Departmental report. The Department shall, before July 1, 2029, submit a report to the General Assembly and the Governor on the family and medical leave insurance program. The report shall include information and data on program usage, program efficiency, finances, employ…
19 Del. C. § 3725. Paid Leave Advisory Committee.
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§ 3725. Paid Leave Advisory Committee. (a) The Secretary shall establish a Paid Leave Advisory Committee (Advisory Committee) to review issues related to the implementation and administration of the family and medical leave insurance program established under this chapter and to …
19 Del. C. § 3726. Assignment of compensation prohibited; exemption from creditors’ claims.
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§ 3726. Assignment of compensation prohibited; exemption from creditors’ claims. Except for attachments pursuant to child support obligations in accordance with § 3704 of this title, any assignment, pledge, or encumbrance of any rights to benefits which are or may become due or p…
19 Del. C. § 3727. Execution of judgments.
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§ 3727. Execution of judgments. (a) In general. — If any person liable to pay any assessment, interest, or penalty under this title or other title subject to this chapter neglects or refuses to pay such amount after a judgment has been obtained pursuant to § 3718 of this title, o…