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Delaware FMLA

Leave for State Employees:

  • Adoption
    • State employees are allowed up to six weeks of unpaid leave in the event that the employee adopts a child
    • Employee must have been continuously employed on a full-time basis for at least one full year before the time of the requested leave.
    • The accumulation of sick and leave days freezes during the employee's leave and the employee must be reinstated to his/her original position once they return from their leave.
    • Full-time and part-time employees are also entitled to use their accrued sick days following the birth of a child or the adoption of a pre-kindergarten-age child.
  • Bone Marrow/Organ Donation
    • Employees may take no more than seven days of leave to donate bone marrow and no more than 30 days of leave to serve as an organ donor without loss or reduction of pay.

Note: Employees under collective bargaining agreements may have different requirements.

Leave for School Employees:

  • Family Leave

    Both full-time and part-time school employees have the right to use saved sick days for the following:

    1. Birth of a child.
    2. Adoption of a child.
    3. Adoption of a pre-kindergarten-age child for maternity leave.
    4. An immediate family member's serious illness which requires the attention of the employee's.

    Employees wishing to use leave for any of the previous reasons must tell their immediate supervisors in advance if possible during the first hour of absence or as soon as possible thereafter.

    Supervisor may request certification doctor verification.

    Supervisor will request certification for all leave lasting longer than five consecutive days.

  • Compassion Leave

    Employees may leave for no more than five days after the death of an immediate family member. An immediate family member is defined as the employee's:

    1. Spouse.
    2. Domestic partner.
    3. Parent.
    4. Stepparent.
    5. Grandparent.
    6. Grandchild.
    7. Sibling.
    8. Spouse of an employee's child.
    9. Any relative who resides in the employee's household.
    10. Any minor child for who the employee carries out parental responsibilities.

    Employees may also take leave for "near relatives", which include:

    1. First cousins.
    2. Aunts.
    3. Uncles.
    4. Nieces.
    5. Nephews.
    6. Brothers-in-law.
    7. Sisters-in-law.
    8. Grandparents-in-law.
    9. Any other friend living in the employee's household.
FMLA in Delaware

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