CHAPTER 181

FORMERLY

HOUSE BILL NO. 285

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 29, DELAWARE CODE, RELATING TO EXEMPT POSITIONS.

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

Section 1: Amend Section 5903, Chapter 59, Title 29, Delaware Code by adding a new item 23 as follows:

(23) Positions designated as exempt by either the determination by the State Personnel Director, Budget Director, and Controller General or via budget epilogue language.

Section 2: Amend Section 5903, Chapter 59, Title 29, Delaware Code by adding:

Any classified employee leaving the classified service to accept a position under Section 5903(4), (5), (6) or (23) shall automatically be granted an extended leave of absence. Upon completion of such appointment, the Director of State Personnel shall place the employee in a classified position for which the employee meets minimum qualifications in the same or a lower pay-grade as the position that the employee held when leaving the classified service. The salary shall be paid at no leas than the equivalent pay grade and percentage of the pay grade midpoint from which the employee took this leave of absence.

Section 3: Amend Section 5905, Chapter 59, Title 29, Delaware Code by deleting the existing subsection (c) and its subsections (1) through (5) and replacing thereto by inserting a new subsection (c) as follows:

(c) State employees in exempt positions enumerated in subsection (d) of this section, upon termination of state service, shall be compensated for unused annual leave and sick leave consistent with current merit rules.

Section 4: The provisions of the Act shall apply retroactively to all persons holding the exempt positions identified in Section 2 above on the date that this Act is signed into law, who, immediately before obtaining such position, were in the classified service.

Approved July 12, 2001