CHAPTER 166

FORMERLY

HOUSE BILL NO. 64

AND

SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FAMILY LEAVE.

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

Section 1. Amend § 5120, Title 29 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 5120. Paid leave Leave for birth of a child or adoption of a child.

(a) For child care purposes, a full-time or part-time employee shall be entitled to utilize accumulated sick leave upon the birth of a child of the employee or the employee's spouse, or upon the adoption by the employee of a pre-kindergarten age child as per the rules and regulations adopted by the Merit Employee Relations Board or State Personnel Office for maternity leave. Said regulations shall be issued within 30 days of July 16, 1999.

(b) Notwithstanding the exhaustion of any benefits provided under the Family and Medical Leave Act [29 U.S.C. §§ 2601 et. seq.], in the event a mother who is a full time employee has a pregnancy complication that warrants a prolonged or extended hospitalization of the mother or the infant in the antepartum or immediate postpartum period, including giving birth to monoamniotic twins, or multiples of 3 or more, the mother shall be entitled to unpaid leave for at least 6 weeks following the discharge of the newborn(s) from the hospital or other medical facility.

Approved September 8, 2017