Other Leaves: Delaware

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jessica Sussman

Summary

• There are various types of leave that may be available to an employee in Delaware. See Leaves of Absence.
• Delaware does not have a state family and medical leave law applicable to private employers. See Family and Medical Leave.
• Delaware law requires accommodations for pregnant employees, which may include time off to recover from childbirth. See Pregnancy Leave and Accommodation.
• An eligible employee may take an unpaid leave of absence from work in order to participate at the prosecutor's request in preparing for a criminal proceeding. See Crime Victim Leave.
• A covered employer must provide reasonable accommodations, barring an undue hardship, for the employee's known limitations relating to the domestic violence, sexual offense or stalking incident(s) which may include allowing an employee to use accrued leave to address the domestic abuse. See Domestic Violence Victim Accommodation.
• An employer is prohibited from terminating, penalizing, threatening or otherwise coercing an employee because the employee receives or responds to a summons or serves as a juror. See Jury Duty Leave.
• A covered employer may not terminate or take any disciplinary action against an employee who misses up to seven consecutive days of work to serve as a volunteer emergency responder during a governor-declared emergency, or up to 14 consecutive days during a President-declared national emergency or is absent from work because of an injury received when serving as a volunteer emergency responder. See Emergency Responder Leave.
• Delaware law provides that any National Guard member called to state active duty is entitled to the same rights, privileges, and protections in employment as is provide to employees undergoing military training under federal law. See Military Leave.
• An employer may not permanently terminate an employee because the person was out of work and quarantined by the public safety authority. See Quarantine Leave.
• An employer is not required to provide an employee with a set period of time off to vote. However, any person or corporation existing or doing business in Delaware cannot hinder, control, coerce, intimidate or attempt to hinder, control, coerce or intimidate any qualified elector from, or in the exercise of, their right to vote at any general, special or municipal election held under Delaware law. See Voting Leave.
• An employer may not terminate or otherwise discriminate against an employee who uses accrued vacation time to take leave to work as an election official. See Election Official Leave.