CHAPTER 136

FORMERLY

SENATE BILL NO. 190

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DONATED LEAVE PROGRAM(S) FOR SCHOOL EMPLOYEES; AND SICK LEAVE.

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

Section 1. Delete subsection "(c)" of § 1318, Title 14 of the Delaware Code in its entirety and substitute in lieu thereof the following:

"(c) In the case of a serious illness of a member of the employee's immediate family, as defined in subsection (b) that requires the employee's personal attention, an employee may use accrued sick leave. An employee needing sick leave under the provisions of this Title shall inform his/her immediate supervisor of the fact and reason in advance when possible, or otherwise before the expiration of the first hour of absence or as soon thereafter as practicable; failure to do so may be cause for denial of pay for the period of absence. Before approving pay for sick leave, the supervisor may at his/her discretion require either a doctor's certificate or a written statement signed by the employee setting forth the reason for the absence. In the case of an absence of more than 5 consecutive days, a doctor's certificate is required as a condition of approval."

Section 2. Amend Chapter 13 of Title 14 by adding thereto a new section, designated as Section 1318A, which new section shall read as follows:

"Section 1318A. Donated Leave Program.

(a) 'Donated leave program' means a program:

(1) in which one or more employees of a public school district may transfer accrued, unused sick leave days to one or more other employees of the same public school district;

(2) is established by the public school district as a local Board of Education policy and/or pursuant to the terms of a collective bargaining agreement negotiated under the terms of Chapter 40 of Title 14; and

(3) is consistent with the provisions set forth in subsection (b) hereof. No donated leave program shall prohibit participation by employees based on inclusion in or exclusion from a certified bargaining unit.

(b) Any donated leave shall be required to comply with the following requirements:

(1) Employees wishing to donate accrued sick leave must donate in increments of whole days. For every two days donated, one day will be made available to a recipient.

(2) Donated days shall be made available only for recipients within the school district for a catastrophic illness. For this section, 'catastrophic illness' shall mean any illness or injury to an employee which is diagnosed by a physician and certified by the physician as rendering the employee unable to work for a period greater than 5 calendar weeks. Separate periods of disability lasting 7 consecutive work days or more each, resulting from the same or a related medical condition and occurring within any 12 month consecutive period, shall be considered the same period of disability.

(3) The local school district shall convert the donated leave available for use by a recipient into cash value at the donor's rate of pay, shall re-convert the cash value to hours of leave at the recipient's rate of pay, and shall then credit the recipient's account.

(4) The recipient of the donated leave shall have been an employee with the local school district for at least 6 months before he or she is eligible for donated leave time.

(5) The recipient shall have used all of his or her sick days and personal days and half of his or her annual leave where applicable.

(6) The recipient shall have established medical justification for such receipt, which must be renewed every 30 days during any absence.

(7) No potential donor, nor any other person, shall sell any accrued leave which might otherwise be donated under this section.

(8) No person who is permitted to donate leave under this section shall make any such donation within the last 6 months immediately prior to such person's retirement from State employment.

(9) The liability of the State under this program shall be limited to paying the State share of salary, benefits and other employment costs, paid to employees for sick leave properly utilized pursuant to a donated leave program established pursuant to and in compliance with this section and § 4002 of Title 14, if applicable.

(10) Any recipient of this program is subject to a one work year cap with the number of days specified in § I318(g).

(11) If a long-term disability program is available to employees, a period of disability defined herein shall be limited to the waiting or elimination period defined in the policy."

Section 4. Amend subsection (r) of § 4002, Title 14 by inserting the words "donated leave program(s) in compliance with Chapter 13 of this Title," between the word and symbol "salaries", and the word and symbol "hours,".

Approved July 3, 1997