20 Del. C. § 102 — Delaware Code / Title 20 / Chapter 1 / Subchapter I / Section 102
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        102. Definitions.
Status: in_force

As used in this chapter:

(1) “National Defense Act” means an act of Congress, entitled, “An Act for making further and more effectual provisions for the national defense, and for other purposes” approved by the President, June 3, 1916, and any and all acts amendatory and supplementary thereto.

(2) “Unit” shall mean any part of the Delaware National Guard designated a “unit” by order of the Adjutant General.
20 Del. C. § 185 — Delaware Code / Title 20 / Chapter 1 / Subchapter VI / Section 185
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        185. Exemption from state merit system.
Status: in_force

Personnel employed by the State to support the operations and maintenance of the National Guard shall be exempt from the state merit system and shall be paid in accordance with like positions as Department of Defense employees. Such employees shall be governed in a like manner in accordance with the rules and regulations which pertain to Department of Defense employees except for: retirement benefits, health benefits, severance packages, and unused sick leave; all of which shall be administered in the same manner as state merit system employees. For all state positions in the National Guard, the Adjutant General or designee will determine whether the position will be classified to be governed in a like manner to either a Department of Defense employee position established under Title 5 of the United States Code or a Department of Defense position established under Title 32 of the United States Code.
20 Del. C. § 905 — Delaware Code / Title 20 / Chapter 9 / Section 905
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        905. Leaves of absence for members of reserve on temporary active duty.
Status: in_force

(a) If any employer fails to comply with any provisions of federal or state law relating to employment rights of reservists or National Guard members, the employee may elect to bring an action at law for damages for such noncompliance or such other relief as is appropriate in the Superior Court of Delaware.

(b) Any National Guard member who is called to state active duty shall be entitled to the same rights, privileges, and protections with respect to such member’s employment as such member would have had if called for military training under federal law protecting reservists and National Guard members.
20 Del. C. § 171 — Delaware Code / Title 20 / Chapter 1 / Subchapter V / Section 171
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        171. Governor as Commander in Chief; call out of National Guard for state duty.
Status: in_force

(a) When the Governor has determined that it is in the best interest of the State, the Governor by order may:

(1) Call out any unit or units, member or members of the Delaware National Guard to serve in a state duty status to respond to any emergency situation.

(2) Call out any member or members of the Delaware National Guard to serve on state duty status to plan for any impending emergency.

(3) Call out any unit or units, member or members of the Delaware National Guard to serve on state duty for an emergency or impending emergency to fulfill obligations under any interstate emergency agreements or compacts; and such troops may be employed within or outside of Delaware as required by the agreement or compact.

(4) Call out units or members of the Delaware National Guard for training or other nonemergency function as deemed appropriate subject to funding availability.

(5) Call out any member sentenced to incarceration by a general or special court-martial to state active duty with no pay for the duration of the confinement pursuant to § 155 of this title.

(b) The Governor shall serve as commander-in-chief of the Delaware National Guard when it is not in federal service.
20 Del. C. § 3130 — Delaware Code / Title 20 / Chapter 31 / Subchapter IV / Section 3130
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        3130. Construction of chapter.
Status: in_force

This chapter is intended to protect the health, property, environment and safety of the people of Delaware and shall be liberally construed to validate any emergency or disaster action undertaken by the State in good faith for that purpose. Without limiting the general intent of this section, any emergency order shall be interpreted as to provide the State with the maximum opportunity to obtain federal emergency or disaster relief assistance for the State.