Delaware Volunteer Emergency Responders Leave (Del. Code tit. 19 §§ 1801-1808)

NOTE: This leave will not appear on claims if your organization has chosen not to administer it.

Covered Employers: Any person employing 10 or more employees.

Employee Eligibility: Volunteer firefighter, a member of a "ladies auxiliary" of a volunteer fire company, volunteer emergency medical technician and/or a volunteer fire police office. The following are not eligible for this leave: essential state employees, members of the armed forces, members of the national guard, employees of a licensed hospital, and employees of public utilities or providers of IP services or cellular telephone service who are necessary to maintain the integrity of networks, facilities, or assist first responders.

Entitlement: No employer shall terminate, demote or take any other disciplinary action against any employee who is a volunteer emergency responder if the employee, when acting as a volunteer emergency responder, is absent from their place of employment in order to respond to a Governor-declared state of emergency lasting up to 7 consecutive days; or the employee, when acting as a volunteer emergency responder, is absent from their place of employment in order to respond to a President-declared national emergency lasting up to 14 consecutive days; or the employee is absent from their place of employment due to injury sustained by such employee when acting as a volunteer emergency responder including responding to an emergency.

Employer Notice: Not specified

Employee Notice: The employee must notify their employer, in accordance with any existing policies if such policy exists, that they may be absent from their place of employment upon the occurrence of an event.

Obligation to Provide Certifications or Documents Supporting Need for Leave: At an employer’s request, an employee, acting as a volunteer emergency responder, who is absent from their place of employment in order to respond to an emergency shall provide their employer, within 7 days of such request, a written statement signed by the individual in charge of the volunteer department or another individual authorized to act for such individual that includes the following: That the employee responded to an emergency; the date and time of the emergency; and the date and time such employee completed their volunteer emergency activities.

Further, at an employer’s request, an employee, who is absent from their place of employment due to injury sustained by such employee while responding to an emergency shall provide their employer, within 5 days of such request, a written statement signed by the relevant medical professional or another individual authorized to act for such medical professional that includes the following: That the employee was seen by such medical professional, the date the employee was seen by such medical professional, and the estimated period of partial or total incapacity to perform the employee’s job.

Paid?: No. An employer may subtract from an employee's earned wages any time such employee is away from his or her place of employment.

Benefits: Not specified

Reinstatement: An employer cannot demote an employee. Otherwise, reinstatement rights not specified.

Other Important Definitions/Requirements: None provided

Relationship with Other Leave: The provisions of this chapter shall not apply to an employer if such employer has substantially similar policies or rules that provide the same or substantially similar protections as are afforded in this chapter to an employee and provides the opportunity to appeal a decision to a court within the State.

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