HOUSE BILL NO. 275
AN ACT REQUIRING COLONIAL SCHOOL DISTRICT TO RETURN A TEACHER WITHIN THE DISTRICT TO THE SAME TEACHING POSITION HELD PRIOR TO SUCH TEACHER’S LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. The Colonial School District shall return all of its full-time or part-time teachers who have satisfied the requirements necessary to entitle such teacher to take leave under The Family and Medical Leave Act to the same exact teaching position that the teacher held before taking such leave, assuming such teacher is able to perform the essential functions of that position and so long as the time period for which the teacher takes leave is no greater than 12 weeks consecutively or aggregated during any 12-month period.
Section 2. Nothing in this Act shall be read to, construed as, or interpreted as effecting a change or in any way modifying or altering the seniority or tenure of and/or among teachers.
Approved July 21, 2009