LegalFix

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

29 DE Code § 5120 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) Any full-time employee, who has been employed by the State for at least 1 year, shall be entitled to 12 weeks of paid leave upon the birth of a child of the employee, or upon the adoption by the employee of a child who is 6 years of age or younger.

(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 or newborns from the hospital or other medical facility.

(c) The entitlement to leave under subsection (a) of this section shall expire at the end of the 12-month period beginning on the date of such birth or adoption.

(d) Without regard to length of employment, a full-time or part-time employee of the State shall be entitled to use accumulated sick leave upon the birth of a child of the employee, or upon the adoption of a child who is 6 years of age or younger pursuant to the rules adopted by the Merit Employee Relations Board or State Personnel Office.

(e) The rights and benefits described in this section shall run concurrently with any rights and benefits available under the Family Medical Leave Act, 29 U.S.C. 2601 et seq. and short-term disability benefit pursuant to § 5253 of Title 29 for the birth of a child.

(f) No state agency, board, department or other employing officer or agency of this State may alter or terminate the benefits of or terminate the employment of any full-time employee as a result of taking parental leave pursuant to this section.

72 Del. Laws, c. 174, § 2; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 166, § 1; 81 Del. Laws, c. 285, § 3.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 5120 Paid leave for birth of a child or adoption of a child.