19 Del. Admin. Code §§ 1401-7.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 1401-7.0 - Reduced leave schedule and intermittent leave

7.1 Family and medical leave benefits for intermittent or reduced leave schedules must first be determined by the employer in conjunction with the health care provider certification and recommendation and, if approved per the terms, then prorated by employer. The requirements to approve an application for benefits under a reduced leave schedule are the same as exist for leave periods of longer durations and may only be take when medically necessary. For purposes of this section only, employers are permitted to request recertification once every 90 days, without the need to establish doubt regarding the seriousness of the covered individual's health condition.

7.2 Minimum duration of a leave on reduced schedule. If employee requests leave on a reduced schedule, the shortest leave that can be approved will be 1 full workday. Reduced leave will not be allowed in increments less than a full day under the PFML program.

7.2.1 Leave under the FMLA Regulations, 29 CFR 825.205, may be taken in periods of whole weeks, single days, hours, and, in some cases, even less than an hour. Nothing in the PFML Act changes the protections of the FMLA.

7.2.2 The employer must allow employees to use FMLA leave in the smallest increment of time the employer allows for the use of other forms of leave, as long as it is no less than 1 hour.

19 Del. Admin. Code §§ 1401-7.0

27 DE Reg. 683 (3/1/2024) (Final)