(a) No employer shall terminate, demote or take any other disciplinary action against any employee who is a volunteer emergency responder if:

(1) Such employee, when acting as a volunteer emergency responder, is absent from his or her place of employment in order to respond to a Governor-declared state of emergency lasting up to 7 consecutive days; or

(2) Such employee, when acting as a volunteer emergency responder, is absent from his or her place of employment in order to respond to a President-declared national emergency lasting up to 14 consecutive days; or

(3) Such employee is absent from his or her place of employment due to injury sustained by such employee when acting as a volunteer emergency responder including responding to an emergency.

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Terms Used In Delaware Code Title 19 Sec. 1803

  • Employer: means any person employing 10 or more employees; and

    (2) "Volunteer emergency responder" means a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, volunteer emergency medical technician and/or a volunteer fire police officer. See Delaware Code Title 19 Sec. 1802

  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302

(b) Paragraphs (a)(1) and (a)(2) of this section shall not apply to:

(1) Essential state employees;

(2) Members of the armed forces;

(3) Members of the National Guard;

(4) Employees of a hospital licensed pursuant to Chapter 10 of Title 16; and

(5) Employees of public utilities or providers of voice over IP service or cellular telephone service who are necessary to maintain the integrity of networks, facilities or assist first responders.

79 Del. Laws, c. 180, § ?1; 70 Del. Laws, c. 186, § ?1;