Section 1318 - Sick leave and absences for other reasons; accumulation of annual leave(a) Teachers and other school employees shall be allowed 10 days of sick leave per year with full pay; those teachers and other school employees employed 11 months a year shall be allowed 11 days of sick leave per year with full pay; and those teachers and other school employees employed 12 months a year shall be allowed 12 days of sick leave per year with full pay. Any unused days of such leave shall be accumulated to the employee's credit without limit.(b)(1) In the case of a death in the immediate family of the employee, there shall be no reduction of salary of said employee for an absence not to exceed 5 working days. (2) For purposes of this section, "immediate family" means any of the following:a. The employee's spouse or domestic partner.b. The employee's parent, stepparent, or child.c. The parent, stepparent, or child of the employee's spouse or domestic partner.d. The employee's grandparent or grandchild.e. The employee's sibling.f. The spouse of the employee's child.g. A relative who resides in the employee's household.h. A minor child for whom the employee has assumed and carried out parental responsibilities.(3) This absence shall be in addition to other leaves granted the employee.(c)(1) In the case of a serious illness of a member of the employee's immediate family that requires the employee's personal attention, an employee may use accrued sick leave.(2) An employee who needs sick leave under this subsection shall inform that employee's own immediate supervisor of the fact and reason in advance, when possible, or otherwise before the expiration of the first hour of absence or as soon thereafter as practicable.(3) The failure of an employee to comply with paragraph (c)(2) of this section may be cause for denial of pay for the period of absence.(4) Before approving pay for sick leave, the supervisor may, at that supervisor's discretion, require either a doctor's certificate or a written statement signed by the employee setting forth the reason for the absence.(5) In the case of an absence of more than 5 consecutive days, a doctor's certificate is required as a condition of approval.(d)(1) In case of the death of a near relative, there shall be no deduction in the salary of the employee for an absence not to exceed 1 working day.(2) An absence under paragraph (d)(1) of this section may be used on the day of the funeral or the day before or the day after the funeral. (3) For purposes of this subsection, "near relative" means any of the following:a. The employee's first cousin, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, or grandparent-in-law.b. Any friend living in the employee's household.(e) In the case of the observance of recognized religious holidays, an employee may be absent without loss of pay on no more than 3 calendar days per year. The days so lost are to be counted in the sick leave of the employee.(f)(1) An employee may be absent without loss of pay no more than 5 days per fiscal year for personal reasons of the employee. These absences are included in the employee's sick leave. Requests to be absent for personal reasons may be approved by building level administrators, provided that the building level administrator cannot ask the employee the reason for the request. Requests that are being considered for denial shall be forwarded to the chief school officer or the local education agency human resources administrator designated for processing such requests. The chief school officer and the human resources administrator may ask the employee the reason for the request, provided that the employee is not required to provide the reason for the request. A request to be absent for personal reasons may only be denied if school operational requirements cannot be met.(2)a.An employee may be absent without loss of pay for any of the following reasons:
1. To appear under subpoena to testify, unless the employee is one of the parties in the proceeding or the subpoena arises from other employment or activities of the employee.2. To report to serve on a jury.b. The time an employee is absent under this paragraph (f)(2) is not an absence for personal reasons under paragraph (f)(1) of this section and does not count toward the days provided under paragraph (f)(1) of this section.c. An employee shall notify the employee's chief school officer in advance of the need to be absent under this paragraph (f)(2) and provide a copy of the subpoena or jury duty notification.(g) An employee retired subsequent to June 1, 1969, after serving in covered employment under Chapter 55 of Title 29, shall, on retirement, be paid for each unused sick leave day, not to exceed 90 days. The total amount paid shall be based upon that portion of the salary computed in accordance with state schedules, regardless of the source of funding, and shall be based upon 50 percent of the per diem rate of pay in effect at the time of retirement. Effective July 1, 1986, in the event of the death of a teacher or other school employee, payment shall be made to that teacher's or other school employee's estate at the rate of 1 day's pay for each day of unused sick leave not to exceed 90 days. Effective July 1, 1991, for school employees of the Department of Education and school district boards of education the per diem rate shall be 1/185 in the fiscal year beginning July 1, 1999; 1/187 in the fiscal year beginning July 1, 2000; 1/188 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary based on state salary schedule for those employed 10 months; for those employed 11 months the per diem rate shall be 1/204 in the fiscal year beginning July 1, 1999; 1/206 in the fiscal year beginning July 1, 2000; 1/207 for the fiscal year beginning July 1, 2001; and each succeeding fiscal year, of the annual salary based on state salary schedule; and for those employed 12 months, the per diem rate shall be 1/222 of the annual salary based on state salary schedule. The local employing agency shall certify the number of days to which the employee shall be entitled. This section also applies to retired Delaware State Police who return to state service as a teacher or other school employee, and who otherwise meet the eligibility requirements for retirement under the Delaware State Employees' Pension Plan to the extent such person did not utilize the 75 day maximum following retirement from the Delaware State Police.(h) The maximum amount of annual leave which any employee shall be permitted to accumulate shall be 42 days. At the end of each fiscal year, the accumulated annual leave of each employee shall equal not more than 42 days. Where, prior to the end of a fiscal year, an employee has accumulated more than 42 days of annual leave, such annual leave shall be adjusted to 42 days at the end of such fiscal year.(i) Effective September 1, 1991, the per diem rates used to pay retiring employees for accrued annual leave shall be identical to the per diem rates for sick leave contained in subsection (g) of this section.(j) Any absence not covered under subsections (a) through (f) of this section is considered unexcused.(k) A duly elected president of the Delaware State Education Association, as defined in Chapter 40 of this title, who requests a leave of absence without pay from a school board shall be granted a leave of absence by said school board from service for the duration of the elected term. Said employee shall be eligible to purchase health insurance for himself or herself and eligible dependents and other state benefits at that employee's cost during said leave of absence. Other duly elected officers of the Delaware State Education Association shall be granted 45 release days by the employing board to represent the Association for education-related business. The Association shall be responsible for the costs of substitute teachers when utilized to provide coverage for the elected officer. In addition, when the Association determines the need and makes a request for the hiring of a teaching partner, the duly elected officer shall be granted no less than 60 or more than 100 release days by the employing school board to represent the Association for education-related business. The teaching partner will be hired on a full-time and annual basis to ensure continuity of instruction during periods of time when the Association officer is engaging in education-related business as a representative of the Association. Release time granted pursuant to this section shall be in addition to other leaves granted the employee by this section. The Association shall be responsible for the cost incurred related to the hiring of the teaching partner.Amended by Laws 2023, ch. 122,s 1, eff. 7/26/2023.Amended by Laws 2023, ch. 19,s 1, eff. 4/26/2023.Amended by Laws 2017, ch. 117,s 1, eff. 8/2/2017.14 Del. C. 1953, § 1318; 50 Del. Laws, c. 436, § 1; 50 Del. Laws, c. 602, § 1; 51 Del. Laws, c. 44; 55 Del. Laws, c. 147; 56 Del. Laws, c. 39; 56 Del. Laws, c. 287; 57 Del. Laws, c. 238; 58 Del. Laws, c. 120; 58 Del. Laws, c. 306, § 5f; 58 Del. Laws, c. 549; 59 Del. Laws, c. 456, § 1; 59 Del. Laws, c. 503, § 1; 62 Del. Laws, c. 35, §1; 62 Del. Laws, c. 154, §1; 62 Del. Laws, c. 345, §1; 63 Del. Laws, c. 167, §1; 66 Del. Laws, c. 96, §1; 67 Del. Laws, c. 117, §1; 68 Del. Laws, c. 84, §§186, 187; 69 Del. Laws, c. 64, §272; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 425, § 351; 71 Del. Laws, c. 136, § 1; 71 Del. Laws, c. 180, § 69; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 215, § 1; 72 Del. Laws, c. 294, § 39; 72 Del. Laws, c. 395, § 352; 73 Del. Laws, c. 74, § 346; 73 Del. Laws, c. 312, § 258; 74 Del. Laws, c. 68, § 270; 74 Del. Laws, c. 307, §§ 308(c), 309; 75 Del. Laws, c. 89, § 343; 75 Del. Laws, c. 298, § 1; 75 Del. Laws, c. 350, § 354.;