CHAPTER 839

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

EXECUTIVE ORDER

NUMBER FORTY-FIVE

TO: Heads of all State Departments and Agencies

RE: Establishment of Uniform Leave Rules for all Exempt Employees

WHEREAS, there has been a lack of uniformity in leave rules applied by State agencies; and

WHEREAS, no statutory or other guidelines exist to assist agencies in achieving uniformity among all State agencies of leave rules for employees who are exempt, i.e. not covered by the Merit System; and

WHEREAS, certain language of the previous Executive Order, Executive Order Number Eighteen, relating to this subject has created some uncertainty; and

WHEREAS, it is desirable to establish uniform leave rules for all State agencies and exempt employees; and

WHEREAS, it is desirable to make these leave rules similar to the rules which apply to the senior "Classified Employees" under the Merit System:

NOW, THEREFORE, I, RUSSELL W. PETERSON, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby declare and order as follows:

1. Executive Order Number Eighteen is hereby revoked.

2. That State agencies are urged to follow the following guidelines for exempt employees:

VACATION LEAVE

(A) 18/4 work days per month (21 days per year) with maximum accumulation of 42 days.

SICK LEAVE

(B) 11/4 work days per month (15 days per year) with maximum accumulation of 90 days.

TERMINAL PAY

() (i) All unused vacation pay.

(ii) Sick Leave:

(i) At retirement under the State Pension Law at the rate of one day's pay for each two days of unused leave.

(ii) If laid off without prejudice for lack of work, at the rate of one day's pay for each two days of unused leave.

() In the event of death of the employee, payment shall be made to his estate at the rate of one day's pay for each day of unused leave.

Approved this 2nd day of November, 1970.

(GREAT SEAL) RUSSELL W. PETERSON

Governor

Attest:

EUGENE BUNTING

Secretary of State