CHAPTER 436

PROVIDING FOR PAY OF SCHOOL EMPLOYEES DURING CERTAIN ABSENCES

AN ACT TO AMEND TITLE 14, DELAWARE CODE, BY PROVIDING FOR THE PAY OF TEACHERS AND OTHER SCHOOL EMPLOYEES DURING ABSENCES FOR CERTAIN REASONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 122 (b), Title 14, Delaware Code, is hereby amended by striking out subsection (12) thereof and inserting in lieu thereof the following:

(12) Determining the hours of daily school sessions and holidays on which the public schools shall be closed, days on which teachers may attend educational activities approved by the State Board of Education and the days on which the schools are closed by the authority of the local board for such reasons as storms, necessary repairs, quarantine, destruction of school property by fire or other causes. Under the above conditions the employee shall suffer no loss of pay.

Section 2. Chapter 13, Title 14, Delaware Code, is hereby amended by adding thereto new Sections as follows :

§ 1317. Sick leave and absences for other reasons

(a) Teachers and other employees shall be allowed ten (10) days of sick leave per year with full pay, and any unused days of such leave shall be accumulated to the employee's credit up to a limit of forty (40) such days.

(b) In the case of a death in the immediate family of the employee, there shall be no deduction of salary of said employee for an absence not to exceed five (5) calendar days. Members of the immediate family shall be defined as : Father, mother, brother, sister, son, daughter, husband, wife, parent-in-law, or

any relative who resides in the same household, or any person with whom the employee has made his or her home. This absence shall be in addition to other leaves granted the employee.

(c) In the case of critical illness in the immediate family as described above, an employee may be absent without loss of pay for a period of three (3) calendar days. The days so lost are to be counted in the sick leave of the employee.

(d) In case of the death of a near relative, there shall be no deduction in the salary of the employee for absence on the day of the funeral. A near relative shall be defined as : First cousin, grandfather, grandmother, aunt, uncle, niece, nephew, brother-in-law, or sister-in-law. This absence shall be in addition to other leaves granted the employee.

§ 1318. Records of absences; proof

Each employing board shall keep an accurate record of the absences from duty and reasons therefor of all employees for whatsoever reason, and may require a statement from the employee when absent because of illness to the effect that he or she was unable to perform his or her duties during the period of absence. The board may request a physician's certificate if in its judgment this is necessary.

§ 1319. Deduction for unexcused absence

For each day's absence without good and sufficient reason accepted by the employing board, the board shall deduct at least 1/20th of the monthly salary of the employee for each day of such absence.

Approved July 14, 1955.