Delaware § 5905 Leave regulations for certain exempt positions

Delaware Statutes

§ 5905 — Leave regulations for certain exempt positions

Delaware § 5905

JurisdictionDelaware

Title29

PartPublic Officers and Employees

Ch. 59MERIT SYSTEM OF PERSONNEL ADMINISTRATION

Subch.Definitions and Exclusions

This text of Delaware § 5905 (Leave regulations for certain exempt positions) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 29, § 5905 (2026).

Text

(a)State employees in the exempt positions enumerated in subsection (d) of this section shall accrue sick leave at the rate of 9.5 hours for each completed calendar month of state service.

(1)Such employees shall have unlimited accrual privileges on unused sick leave.

(2)Sick leave accrual for purposes of cash payment upon separation from state service shall not exceed a maximum of 675 hours.

(b)State employees in the exempt positions enumerated in subsection (d) of this section shall accrue annual leave 13.25 hours for each completed calendar month of service.

(1)Annual leave carried over into a new calendar year may not exceed twice the exempt employee’s annual accrual rate. This determination shall be made as of December 31 of each calendar year, although it shall be possible t

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(a) State employees in the exempt positions enumerated in subsection (d) of this section shall accrue sick leave at the rate of 9.5 hours for each completed calendar month of state service.

(1) Such employees shall have unlimited accrual privileges on unused sick leave.

(2) Sick leave accrual for purposes of cash payment upon separation from state service shall not exceed a maximum of 675 hours.

(b) State employees in the exempt positions enumerated in subsection (d) of this section shall accrue annual leave 13.25 hours for each completed calendar month of service.

(1) Annual leave carried over into a new calendar year may not exceed twice the exempt employee’s annual accrual rate. This determination shall be made as of December 31 of each calendar year, although it shall be possible to accrue and carry in excess of twice the annual accrual rate during the course of a calendar year.

(2) Secretaries of executive departments and/or agency heads are responsible for maintaining a record of their own and their employee’s leave accrual and usage. Such records shall be reviewed by the employee annually during the month of December and such review shall be made a part of the employee’s leave record.

(c) State employees in exempt positions enumerated in subsection (d) of this section, upon termination of state service, shall be compensated for unused annual leave and sick leave consistent with current merit rules. This section also applies to retired Delaware State Police who return to state service and who otherwise meet the eligibility requirements for retirement under the Delaware State Employees Pension Plan.

(d) The leave regulations set forth in this section shall only apply to those full-time appointed exempt positions except elected officials, judges (excluding justices of the peace), casual and seasonal employees, temporary employees and interns.

Legislative History

66 Del. Laws, c. 248, § 1 ; 69 Del. Laws, c. 291, §§ 31-33 ; 70 Del. Laws, c. 118, § 31 ; 70 Del. Laws, c. 314, § 1 ; 73 Del. Laws, c. 181, § 3 ; 75 Del. Laws, c. 20, § 1