CHAPTER 115

FORMERLY

HOUSE BILL NO. 198

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE EMPLOYEE LEAVE OF ABSENCE.

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

Section 1. Amend Title 29, Section 5116 of the Delaware Code by adding a new subsection (b) to read as follows:

"(b) Any employee of the State who has been continuously employed on a full-time basis for at least 1 year at the time of application for leave under this section shall be entitled to utilize accumulated sick leave to travel out of the United States for the purpose of adopting a child from a foreign country. Before leave shall be granted the employee must provide documentation that they have applied for the adoption and that the travel is required for the adoption to be approved. Once the adoption has been approved the employee's leave will be pursuant to the Family Medical Leave Act. Said employee shall be entitled to be reinstated in the position held at the time of the granting of the leave of absence. Neither vacation nor sick leave shall be accumulated during such leave of absence, either with or without pay, under this subsection."

Section 2. Amend Title 29, Section 5116 of the Delaware Code by re-designating subsection "(b)" as subsection "(c)".

Approved July 7, 2005