CHAPTER 440

FORMERLY

SENATE BILL NO. 253

AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DONATED LEAVE PROGRAM.

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

Section 1. Amend §1318A(b)(2), Title 14 of the Delaware Code by inserting the following between the word "illness" and the period (".") as they appear at the end of the first sentence therein:

"of a recipient or of a member of a recipient's family".

Section 2. Amend §1318A(b)(2), Title 14 of the Delaware Code by inserting the following between "employee" and "which" as they appear in the second sentence therein:

"or to a member of an employee's family".

Section 3. Amend §1318A(b)(2), Title 14 of the Delaware Code by striking the phrase "unable to work" as it appears in the second sentence therein and by substituting in lieu thereof the following:

"or a member of the employee's family unable to work, or, in the case of a family member who does not work, the medical equivalent of 'unable to work',".

Section 4. Amend §1318A(b)(2), Title 14 of the Delaware Code by adding the following after the last sentence in paragraph (2):

"For this section, family member or member of an employee's family means an employee's spouse, son, daughter, or parent who resides with the employee and who requires the personal attendance of the employee during the family member's catastrophic illness."

Section 5. Amend §1318A(b)(5), Title 14 of the Delaware Code by adding thereto at the end of paragraph (5) the following:

"However, when donated leave is for the catastrophic illness of a family member, the employee must have used all of his or her sick days, personal days, and annual leave.".

Section 6. Amend §5956(c), Title 29 of the Delaware Code by striking the phrase "catastrophic illness" as it appears therein at the end of the first sentence and by substituting in lieu thereof the following:

"a catastrophic illness of the recipient or of a family member of the recipient".

Section 7. Amend §5956(c), Title 29 of the Delaware Code by striking the second sentence therein in its entirety and by substituting in lieu thereof the following:

"For purposes of this section, the term 'catastrophic illness' means an illness or injury to an employee or to a member of an employee's family which is diagnosed by a physician and certified by the physician as rendering the employee or a member of the employee's family unable to work, or, in the case of a family member who does not work, the medical equivalent of 'unable to work', for a period greater than 5 calendar weeks.".

Section 8. Amend §5956(c), Title 29 of the Delaware Code by adding the following after the last sentence in subsection (c):

"For purposes of this section, family member or member of an employee's family means an employee's spouse, son, daughter, or parent who resides with the employee and who requires the personal attendance of the employee during the family member's catastrophic illness.".

Section 9. Amend §5956(e)(2), Title 29 of the Delaware Code by striking the phrase "vacation time; and " as it appears therein and by substituting in lieu thereof the following:

"annual leave; however, when the donated leave time is for the catastrophic illness of a family member, the employee must have used all of his or her sick days and annual leave; and".

Section 10. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Approved July 18, 2000