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Emergency Law Inventory | Full Law Text

Law Number

19 Del. C. 1803

Summary Title

Workers' Benefits: Volunteer Emergency Responder Leave

Summary

An employer cannot demote, terminate, or take any other disciplinary action against an employee who is a volunteer emergency responder if they are absent due to: responding to a state declaration of emergency for up to 7 consecutive days, a national declaration of emergency for up to 14 consecutive days, or sustained an injury due to their response to a state or national declaration of emergency. This section does not apply to essential state employees, members of the armed forces, members of the National Guard, EMTs or paramedics employed by a hospital, or employees of public utilities.

Full Title

Employer; prohibited acts

Full Text

(a) No employer shall terminate, demote or take any other disciplinary action against any employee who is a volunteer emergency responder if: (1) Such employee, when acting as a volunteer emergency responder, is absent from his or her place of employment in order to respond to a Governor-declared state of emergency lasting up to 7 consecutive days; or (2) Such employee, when acting as a volunteer emergency responder, is absent from his or her place of employment in order to respond to a President-declared national emergency lasting up to 14 consecutive days; or (3) Such employee is absent from his or her place of employment due to injury sustained by such employee when acting as a volunteer emergency responder including responding to an emergency. (b) Paragraphs (a)(1) and (a)(2) of this section shall not apply to: (1) Essential state employees; (2) Members of the armed forces; (3) Members of the National Guard; (4) Employees of a hospital licensed pursuant to Chapter 10 of Title 16; and (5) Employees of public utilities or providers of voice over IP service or cellular telephone service who are necessary to maintain the integrity of networks, facilities or assist first responders.

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