Delaware Code Title 29 Sec. 5905 – Leave regulations for certain exempt positions
(a) State employees in the exempt positions enumerated in subsection (d) of this section shall accrue sick leave at the rate of 9.5 hours for each completed calendar month of state service.
(1) Such employees shall have unlimited accrual privileges on unused sick leave.
(2) Sick leave accrual for purposes of cash payment upon separation from state service shall not exceed a maximum of 675 hours.
Terms Used In Delaware Code Title 29 Sec. 5905
- Agency: means any agency, board, department, bureau or commission of this State which receives an appropriation under the general appropriation act of the General Assembly. See Delaware Code Title 29 Sec. 5901
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- Rules: means those rules adopted by the Board pursuant to this chapter. See Delaware Code Title 29 Sec. 5901
- state service: means all positions of state employment other than the following positions, which are excluded:
(1) Members of the General Assembly and others elected by popular vote and persons appointed to fill vacancies in elective offices. See Delaware Code Title 29 Sec. 5903
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) State employees in the exempt positions enumerated in subsection (d) of this section shall accrue annual leave 13.25 hours for each completed calendar month of service.
(1) Annual leave carried over into a new calendar year may not exceed twice the exempt employee’s annual accrual rate. This determination shall be made as of December 31 of each calendar year, although it shall be possible to accrue and carry in excess of twice the annual accrual rate during the course of a calendar year.
(2) Secretaries of executive departments and/or agency heads are responsible for maintaining a record of their own and their employee’s leave accrual and usage. Such records shall be reviewed by the employee annually during the month of December and such review shall be made a part of the employee’s leave record.
(c) State employees in exempt positions enumerated in subsection (d) of this section, upon termination of state service, shall be compensated for unused annual leave and sick leave consistent with current merit rules. This section also applies to retired Delaware State Police who return to state service and who otherwise meet the eligibility requirements for retirement under the Delaware State Employees Pension Plan.
(d) The leave regulations set forth in this section shall only apply to those full-time appointed exempt positions except elected officials, judges (excluding justices of the peace), casual and seasonal employees, temporary employees and interns.
66 Del. Laws, c. 248, § ?1; 69 Del. Laws, c. 291, §§ ?31-33; 70 Del. Laws, c. 118, § ?31; 70 Del. Laws, c. 314, § ?1; 73 Del. Laws, c. 181, § ?3; 75 Del. Laws, c. 20, § ?1;