2025 Delaware Code
Title 29 - State Government
Chapter 51. GENERAL PROVISIONS
§ 5126. Compassionate leave.

Universal Citation:
29 DE Code § 5126 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 5126. Compassionate leave.

(a) For purposes of this section:

(1) “Immediate family” means the employee's spouse or domestic partner; parent, stepparent or child of the employee, spouse or domestic partner; employee's grandparent or grandchild; employee's sibling; or any minor child for whom the employee has assumed and carried out parental responsibilities.

(2) “State employee” means any benefit-eligible full-time or part-time employee of the State hired to work 30 or more hours. “State employee” does not include casual seasonal employees as defined by § 5903(17)a. of this title, or an individual in an equivalent casual seasonal position with an employer covered by State employee benefits.

(b) Upon the death of an immediate family member, a state employee shall be granted 37.5 hours (37.5 hour weekly schedule) or 40 hours (40-hour weekly schedule) leave with pay, or on a pro-rata basis for part-time Delaware state employees.

(c) An employee requesting leave under this section must supply supporting documentation if requested.

(d) An employee may request approval for a person not specified as immediate family under subsection (a)(1) of this section.

84 Del. Laws, c. 77, § 1; 
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