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Delaware Sick Leave: What you need to knowThere is no Delaware law requiring private employers to provide employees sick leave, paid or unpaid, although many employers do grant it as an important employee benefit.
Employers in every state, including Delaware, are subject to the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave, with the right to reinstatement, for certain reasons.
In addition to providing eligible employees an entitlement to leave, the FMLA requires that employers maintain employees' health benefits during leave and restore employees to their same or an equivalent job after leave.
The FMLA provides eligible employees up to 12 weeks of unpaid leave for qualifying family and medical reasons in a 12-month period from the first date of FMLA leave use.
In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12
The FMLA provides eligible employees up to 12 weeks of unpaid leave for qualifying family and medical reasons in a 12-month period from the first date of FMLA leave use.
The FMLA sets the minimum standards, which means that states can opt to provide more-generous leave options for employees. California, Connecticut, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin, as well as Washington, D.C., each have their own family and medical leave
Leave and Reinstatement RightsAlthough FMLA leave is unpaid, employees may be allowed (or required) to use their accrued paid leave during FMLA leave.