2022 Delaware Code
Title 19 - Labor
Chapter 37. Family and Medical Leave Insurance Program
§ 3709. Coordination of benefits.
(a) (1) Covered leave that also qualifies as leave under the FMLA runs concurrently with leave taken under the FMLA and may not be taken in addition to leave under the FMLA.
(2) An employer may require that payment made under this chapter be made concurrently or otherwise coordinated with payment made or leave allowed under the terms of disability or family care leave under a collective bargaining agreement or employer policy. The employer shall give employees written notice of this requirement.
(3) An employer may require the use of unused accrued paid time off before accessing family and medical leave benefits, and the use of accrued paid time off may count toward the total length of leave provided under this chapter, if the employee is not required to exhaust all paid time off. For purposes of this paragraph (a)(3) of this section, “paid time off” includes an employer's provision of vacation and sick leave.
(4) A covered individual may not access family and medical leave benefits if the use of family and medical leave benefits results in the covered individual receiving more than 100% of the covered individual's weekly wages.
(b) (1) This chapter does not diminish an employer's obligation to comply with any of the following that provide more generous leave:
a. A collective bargaining agreement.
b. An employer policy.
c. Any other law.
(2) An individual's right to covered leave may not be diminished by a collective bargaining agreement entered into or renewed, or an employer policy adopted or retained, after July 1, 2022.
(3) An agreement by an individual to waive the individual's rights under this chapter is void as against public policy.
