Del. Code Ann. tit. 29, § 5120
Paid leave for birth of a child or adoption of a child
72 Del. Laws, c. 174, § 2; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 166, § 1; 81 Del. Laws, c. 285, § 3;
- (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