CHAPTER 247

FORMERLY

HOUSE BILL NO. 513

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 59, TITLE 29, DELAWARE CODE, RELATING TO CERTAIN BENEFITS FOR MERIT SYSTEM EMPLOYEES.

WHEREAS, pursuant to the authority vested in the Personnel Commission by §5914, Chapter 59, Title 29, Delaware Code, as amended, the Personnel Commission is not permitted to restore sick leave days taken in accordance with Merit Rule 6.0310, and such sick leave is taken to provide full regular pay during period when an employee covered by the Merit System of Personnel Administration uses such sick leave to provide full regular pay during periods when he or she is paid less than full pay under Workmen's Compensation provisions, such sick leave being charged in proportion to the difference between Workmen's Compensation and full pay; and

WHEREAS, when a Merit System employee is incapacitated due to injury, personal injury, occupational disease, personal injury sustained by accident arising out of and in the course of employment, all of aforementioned terms being as defined in Chapter 23, Title 19, Delaware Code; and

WHEREAS, it is not equitable or fair for a Merit System employee to be forced to use sick leave as provided under Merit Rule 6.0300 for a job related accident or illness as defined above, such accident or illness not occurring from, or arising out of direct employee negligence.

NOW, THEREFORE:

Section 1. Amend Section 5933, Chapter 59, Title 29, Delaware Code, by adding the following, immediately after the period (.).

"No employee of the State of Delaware, including those exempted under §5903, Title 29, shall be charged sick leave for any period of absence from work due to injury, personal injury, or occupational disease sustained by accident arising out of and in the course of actual employment with the State, providing such injury or illness is not the direct result of the employee's misconduct, and occurs during a period of employment for which the employee is entitled to receive pay."

Section 2. This Act shall be applicable to any Merit System employee who has returned to work since January 1, 1975, whether such return constitutes a first return after convalescence from an accident or a return from subsequent absence caused by the necessity for medical treatment or by sickness, from a job related accident or illness not resulting from their own direct negligence and all lost sick leave due to the same job related accident or illness shall be restored to the employee whether incurred before or after January 1, 1975.