Delaware Military Service

Delaware Military (National Guard) Leave (Del. Code tit. 20 § 905)

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

This statute extends USERRA's protections to members of the National Guard or reservists who are called to state active duty.

Covered Employers: All employers.

Employee Eligibility: Delaware employees who are members of the National Guard or reservists and who are called to state active duty.

Entitlement: Eligible employees are entitled to the same rights, privileges, and protections with respect to employment and reinstatement that employees have when called for military training under the federal law protecting reservists and National Guard members (i.e. USERRA).

Employer Notice: Not specified

Employee Notice: Not specified

Obligation to Provide Certifications or Documents Supporting Need for Leave: Not specified

Paid?: No

Benefits: Not specified

Reinstatement: National Guard members called to state active duty are entitled to the same employment rights, principles, and protections they would have if called for military training under federal law protecting reservists and National Guard members (i.e. USERRA).

Other Important Definitions/Requirements: N/A

Relationship with Other Leave: Not specified

ClaimVantage Absence Specification

Amount of leave provided

  • Open

Intake trigger

  • Military

Employer Eligibility Rules

  • All employers

Employee Eligibility Rules

  • 0 hours worked

  • 0 length of service

  • State Active Duty

  • Active; Reserves; National Guard

  • Myself

Calendar type

  • Not specified