CHAPTER 498

FORMERLY

HOUSE BILL NO. 474

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 59, TITLE 29, DELAWARE CODE, RELATING TO LEAVE WITH PAY FOR EMPLOYEES PERFORMING HAZARDOUS DUTY ASSIGNMENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §5933, Chapter 59, Title 29, Delaware Code, by adding thereto the following new paragraphs (c) and (d) to read as follows:

(c) Notwithstanding the provisions of paragraph (a), the three month limitation shall not apply to any employee injured while performing a hazardous duty assignment and whose injury or injuries arose out of and In the course of performing hazardous duty, provided, however, such employee shall be entitled to the benefits of this section for not more than 12 months. Hazardous duty assignments shall include, but not be limited to:

(1) employees otherwise qualified who are employed by the Department of Corrections:

(2) employees otherwise qualified who are employed by the Delaware State Hospital who are assigned to programs for the criminally insane;

(3) employees otherwise qualified who are employed by the Division of Youth Rehabilitation;

(4) State of Delaware law enforcement officers in the performance of their duties; provided, however, no law enforcement officer shall be covered under the provisions of this section while said officer is performing a function or duty that is considered administrative in nature.

(5) State employees serving in response to the imminent danger of hazardous waste material, Including but not limited to the SERT Team.

(d) The Director of State Personnel shall promulgate such rules and regulations as may be required to administer the provisions of this Act and shall periodically review and recommend other State employees engaged in hazardous duty assignments for inclusion for coverage under the provisions of this Section."

Approved July 9, 1986.