2022 Delaware Code
Title 19 - Labor
Chapter 37. Family and Medical Leave Insurance Program
§ 3711. Appeal.
(a) The process for review of a denial of family and medical leave benefits is as follows:
(1) On a determination of an individual's claim for family and medical leave benefits under this chapter by the employer, the individual may request review of the determination by the Department within 60 days of the issuance of the determination. The Department shall review the denial and issue a determination to the individual in a time and manner determined by the Department.
(2) On determination by the Department under paragraph (a)(1) of this subsection or final determination by a private plan under § 3716 of this title, an individual may appeal the determination to the Family and Medical Leave Insurance Appeal Board established under subsection (b) of this section within 30 days of the issuance of the determination.
(b) (1) There is established a Family and Medical Leave Insurance Appeal Board ( “Board” ).
(2) The Board consists of 3 members, appointed by the Governor for a term of 6 years.
(3) The Governor shall fill a vacancy on the Board during a member's term for the unexpired portion of the term.
(4) The Governor may, at any time, after notice and hearing, remove any Board member for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. For purposes of this section, a member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least half of all regular meetings during any calendar year is deemed to be in neglect of duty.
(5) Two members of the Board constitute a quorum. A vacancy does not impair the right of the remaining Board members to exercise all of the powers of the Board.
(6) The Governor shall designate 1 member of the Board as the Chair. If the term of the Chair expires or if the Chair becomes vacant for any cause, the Governor shall designate another member as Chair.
(7) a. The Chair of the Board must be paid $225 for each meeting attended, not to exceed 80 meetings each year.
b. Each of the other members of the Board is to be paid $175 for each meeting attended, not to exceed 80 meetings each year.
c. The members of the Board shall devote to the duties of the members' office the time necessary for the satisfactory execution of the office.
(c) The decision of the Board with respect to an individual's claim for family and medical leave benefits is final and binding on the parties.
(d) The Department shall implement procedures to ensure confidentiality of all information related to a claim filed or an appeal taken, to the maximum extent permitted by applicable laws.
(e) The Board shall conduct hearings under the Administrative Procedures Act, Chapter 101 of Title 29, except that the Board's hearings are exempt from the public meeting requirements of Chapter 100 of Title 29 to protect confidential health and privacy information.
(f) The Board may adopt regulations to implement this section.
83 Del. Laws, c. 301, § 1;
