CHAPTER 248

FORMERLY

SENATE BILL NO. 89

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 3

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO UNIFORM LEAVE RULES FOR CERTAIN EXEMPT STATE POSITIONS.

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

Section 1. Amend Subchapter I, Chapter 59, Title 29 of the Delaware Code by creating a new Section 5905 to read as follows:

§5905. Leave Regulations for Certain Exempt Positions

(a) State employees in the exempt positions enumerated in Part (d) of this Section shall accrue sick leave at the rate of one and one quarter (1 1/4) work days for each completed calendar month of state service.

(1) Such employees shall have unlimited accrual privileges on unused sick
leave.

(1) Sick leave accrual for purposes of cash payment upon separation from state service shall not exceed a maximum of ninety (90) days.

(b) State employees in the exempt positions enumerated in Part (d) of this Section shall accrue annual leave at the rate of one and three quarter (1 3/4) work days for each completed calendar month of service.

(1) Annual leave carried over into a new calendar year may not exceed twice
the exempt employee's annual accrual rate. This determination shall be made as of December 31 of each calendar year, although it shall be possible to accrue and carry In excess of twice the annual accrual rate during the course of a calendar year.

(1) Secretaries of executive departments and/or agency heads are responsible for maintaining a record of their own and their employee's leave accrual and usage. Such records shall be reviewed by the employee annually during the month of December and such review shall be made a part of the employee's leave record.

(c) State employees in the exempt positions enumerated in Part (d) of this

Section, upon termination of state service, shall be compensated for unused annual leave and sick leave in the following manner:

(1) Such employees shall be compensated at the rate of one (I) work day's pay for each day of- unused annual leave. The maximum accrual carry over rate will be 42 days and the maximum earned annual leave during any given year will be 21 days annual accrual for a maximum 63 days at termination of state service.

(1) In the event of death of such employee, payment shall be made to their
estate at the rate of one (1) work day's pay for each day of unused sick leave.

(1) Upon retirement under the State Pension Law, such employee shall be
compensated at the rate of one (1) work day's pay for each two (2) days of unused sick leave, with a maximum accrual of 90 sick leave days for the purposes of cash payment.

(1) Such employees shall not be compensated for unused sick upon termination
of state service except upon their retirement or death, as provided herein.

(1) For purposes of this Section and except as otherwise provided by law, an
employee shall be deemed to have terminated his or her state service when he or she retires, dies, is laid off, dismissed, or resigns and files with the Secretary of State a signed statement indicating that he or she has no pending agreement to return to state service other than pursuant to §5502(a)(3) or §5502(b) of this Chapter.

(d) The leave regulations set forth in this Section shall only apply to those full-time appointed exempt positions except elected officials, judges (excluding Justices of the Peace), casual and seasonal employees, temporary employees and interns."

Approved May 13, 1988.