Leave - Delaware

Jury Duty

Delaware law doesn’t require employers to pay employees for jury duty.

Voting

Delaware doesn’t have a time-off-for-voting provision.

Volunteer Emergency Responders

Delaware prohibits discrimination against members of a volunteer emergency responder organization, but does not explicitly require employers to provide leave for related duty. This law covers a volunteer firefighter, a member of a ladies auxiliary of a volunteer fire company, a volunteer emergency medical technician and/or a volunteer fire police officer.

Crime Victims

Under Delaware law, employers may not discharge or discipline a victim or a representative of the victim for:

1. Participation at the prosecutor's request in preparation for a criminal justice proceeding,
2. Attendance at a criminal justice proceeding if the attendance is reasonably necessary to protect the interests of the victim, or
3. Attendance at a criminal justice proceeding in response to a subpoena.

Domestic violence accommodations

Employers are prohibited from failing or refusing to make reasonable accommodations to an employee’s limitations related to domestic violence, a sexual offense, or stalking unless they can demonstrate that the accommodation would pose an undue hardship.

Reasonable accommodations could include schedule changes, allowing the employee to use accrued leave, or a change in job duties. The law does not, however, provide for a specific period of leave.

Employers may require employees to verify the offense and need for an accommodation via an official document, such as a court order, or by a reliable third-party professional such as a law enforcement agency or officer; a domestic violence, domestic abuse, or sexual assault service provider; or a health care provider.