2023 Delaware Code › Title 29 - State Government › Chapter 59. MERIT SYSTEM OF PERSONNEL ADMINISTRATION › Subchapter III. Rules › § 5933. Leaves.

§ 5933. Leaves.
(a) The rules shall provide for annual, sick and special leaves of absence, with pay or at reduced pay. Whenever an officer or employee of the State, including those exempt from the classified service, qualifies for workers' compensation disability benefits, such officer or employee, for a period not to exceed 3 months from the date such compensation begins, shall not be charged sick leave and shall receive from the State the difference, if any, between the total of:
(1) The amount of such compensation, (2) any disability benefits received under the Federal Social Security Act, and (3) any other employer supported disability program, and the amount of wages to which the officer or employee is entitled on the date such compensation begins, provided the injury or disease for which such compensation is paid is not the direct result of such officer or employee's misconduct and occurs during a period of employment for which the employee is entitled to receive wages. No more than 1 period of supplemental pay shall be made under this subsection for any work injury, including any recurrence or aggravation of that work injury.
(b) Subsection (a) of this section applies to officers or employees of the State who qualified to receive supplemental compensation under this section subsequent to June 30, 1981. Officers or employees of the State who qualified to receive supplemental compensation under this section prior to July 1, 1981, and remain entitled to receive such supplemental compensation, shall have such supplemental compensation terminated as of September 1, 1985.
(c) Notwithstanding subsection (a) of this section, the 3-month limitation shall not apply to any employee injured while performing a hazardous duty assignment and whose injury or injuries arose out of and in the course of performing hazardous duty; provided, however, such employee shall be entitled to the benefits of this section for not more than 12 months. Hazardous duty assignments shall include, but not be limited to:
(1) Employees otherwise qualified who are employed by the Department of Correction;
(2) Employees otherwise qualified who are employed by the Delaware Psychiatric Center who are assigned to programs for the criminally insane;
(3) Employees otherwise qualified who are employed by the Division of Youth Rehabilitation;
(4) State law-enforcement officers in the performance of their duties; provided, however, no law-enforcement officer shall be covered under this section while said officer is performing a function or duty that is considered administrative in nature;
(5) State employees serving in response to the imminent danger of hazardous waste material, including but not limited to the SERT Team.
(d) The Secretary shall promulgate such rules and regulations as may be required to administer this act and shall periodically review and recommend other state employees engaged in hazardous duty assignments for inclusion for coverage under this section.
(e) Notwithstanding subsection (a) of this section, any employee who suffers a serious illness or injury in the line of duty that is caused or contributed to by war or act of war (declared or not), who is a member of the United States Military or National Guard shall not be charged sick leave for recovery for medical procedures or operations resulting from said injury or illness for a period of 6 months. To be eligible for this category of leave the employee shall have returned to active state employment status for a period of not less than 30 calendar days and shall have completed any necessary certification established by the Secretary. The eligibility for such period of leave shall not be longer than 6 consecutive months and shall be invoked within the first year of return to active employment status. In extraordinary circumstances, approval may be sought from the Secretary to use said consecutive leave on an intermittent basis. All benefits and rights within this subsection shall exhaust within the first year of return to active employment status. The Secretary shall be authorized to establish rules and procedures consistent with this subsection.
(f) A State employee who is a member of the military reserves of the United States or the Delaware National Guard, shall be excused from work with pay to attend training camp or serve special duty as ordered by the United States military or the Delaware National Guard. Paid leave under this subsection must not exceed 225 hours for employees working a 37.5 hour work week or 240 hours for employees working a 40 hour work week in any calendar year. For purposes of this subsection, “State employee” includes all benefit-eligible employees who are in classified service or who are exempt from classified service.
29 Del. C. 1953, §  5933;  56 Del. Laws, c. 376, §  6;  60 Del. Laws, c. 247, §  1;  63 Del. Laws, c. 80, §  53;  65 Del. Laws, c. 154, §  1;  65 Del. Laws, c. 498, §  1;  70 Del. Laws, c. 550, §  1;  75 Del. Laws, c. 88, §  20(6);  75 Del. Laws, c. 89, §  30;  76 Del. Laws, c. 370, §  1;  81 Del. Laws, c. 66, §  46;  84 Del. Laws, c. 94, § 1;