This Act makes changes to the Paid Family and Medical Leave Program. It removes the employer as the party responsible for making eligibility determinations and claims decisions and instead reallocates this responsibility to the Department of Labor and gives the Department authority to enter into contracts with other entities to review and adjudicate claims for benefits. This Act makes other changes throughout Chapter 37 of Title 19 concerning eligibility criteria and requirements for the Paid Family and Medical Leave Program. It clarifies that schools are not exempt from being considered employers; clarifies that family leave benefits are not payable for time taken after the death of an individual for whom an employee is on approved family leave; removes the ability of employers with fewer than 25 employees to elect to provide reduced parental leave; removes a provision that results in the aggregation and potential capping of benefits for employees who work multiple jobs with the potential for employees to pay more in contributions and receive less in benefits than they would otherwise be due; requires the Department to set contribution rates, statewide average weekly wages, and maximum benefits; removes a provision authorizing employers to require that payment be made concurrently or otherwise coordinated with payment made or leave allowed under the terms of disability or family care leave under a collective bargaining agreement or employer policy; removes a provision allowing employers to require employees to use accrued paid time off before accessing family and medical leave benefits and count that accrued paid time off toward the total length of leave allowed under Chapter 37 of Title 19; authorizes an employee an option to use a private review process of a private plan’s denial of benefits prior to appealing to the Department; clarifies that denials of claims are subject to the appeal provisions of the Administrative Procedures Act; and clarifies that employers who violate the requirements of Chapter 37 of Title 19 are subject to a penalty only where the violation is due to wilful misconduct or gross negligence. This Act makes changes to ensure that child support obligations are fulfilled and benefit checks account appropriately for child support deductions and to allow the Department to make garnishments to enforce judgments obtained under this chapter. This Act also updates relevant sections of Title 13 to allow for child support deductions of PFMLA benefits as appropriate. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.
Sponsored bills
This House Concurrent Resolution honors the Brandywine High School All-Women STEM Team of Olivia Erskine, Katherine McDerby, Isabella Chermak and Malti John for Their Innovative Redesign of Board Games to Enhance Accessibility for Special Education Students
Maddy summaryHB 421 amends Delaware state law to provide education employees with up to three paid days off to recover from injuries sustained while performing their job duties. This new provision allows staff to report these incidents to their building administrator and submit medical verification, ensuring the days are not counted against their regular sick leave and can be reinstated if another injury occurs. The bill also clarifies rules for other existing leave types, such as religious holidays and personal reasons, while maintaining the current cap on accumulated annual leave at 42 days.
This concurrent resolution calls for parents, childcare centers and preschools to take precautions when allowing kids to play with water bead toys in light of the significant health concerns they present for Delaware children.
This concurrent resolution designates April 22nd, 2024 as “Earth Day” in the State of Delaware.
This concurrent resolution designates March 24, 2024 as Women and Girls in STEM Day in the State of Delaware.
This Act amends the Fiscal Year 2023 Bond and Capital Improvements Act to (1) list the allocations of the School Construction Market Pressure Contingency Fund and clarify that funds cannot exceed the CN scope. Further, this Act amends Fiscal Year 2024 Bond and Capital Improvements Act to (2) revise language adjusting Federal Fund reporting dates to align with federal timelines; (3) ensure any alternative yard waste drop-off plan and relocation must provide the same level of service as the existing Polly Drummond Yard Waste site; (4) reallocate Resource, Conservation and Development funding for drainage improvement projects; (5) authorize the cancellation of any notes and forego all amounts owed under the loan agreement between the Diamond State Port Corporation (DSPC) and the Transportation Trust Fund; (6) authorize $400,000 of the Cover Crop Investment to be allocated to the Delaware Nutrient Management Commission for alternative projects; (7) authorize school districts to bond, if needed, the local match to market pressure and clarify that funds cannot exceed the scope of the Certificate of Necessity; (8) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (9) reallocate Community Reinvestment Funds to the MOT Senior Center; (10) authorize the Department of Health and Social Services to donate land to the Wilmington Renaissance Corporation; (11) authorize funds to be used for the Carvel State Office Building window replacement project; (12) authorize funding to be used for construction or renovation of the Cleveland White building; (13) donate, sell, or transfer all or part of the property known as “Elbert-Palmer School”; (14) authorize funds for the demolition of the former Elbert-Palmer School and related site work; (15) authorize Caesar Rodney School District’s Certificate of Necessity 2210B to be extended and will now expire on November 15, 2024; (16) authorize Municipal Infrastructure Funds for the Bowers Beach Boatlift to be used for Drainage Improvement; and (17) authorize the transfer of ownership of the state-owned dredge to Summit North Marina LLC.
This legislation prioritizes recruitment and retention of State employees by removing the 3-month waiting period for the state to pay its share of premium or subscription charges for health care coverage under § 5202 of Title 29 for benefit eligible state employees hired on or after January 1, 2024 by revising the definition of a “regular office or employee.”
In 2016, the General Assembly passed HB 404, the Concussion Protection in Youth Athletic Activities Act (CPYAAA). This Act clarifies the requirements of CPYAAA and enables the Division of Public Health, in consultation with the State Council for Persons with Disabilities, to promulgate regulations to broadly implement the Act. This Amendment adds the requirement for non-scholastic athletic activity organizations to develop policies and procedures for advising athletes, coaches, officials, parents, and guardians of the signs and symptoms of concussion and explaining the risk of continuing to practice or compete in athletic events or activities after sustaining a concussion, as well as providing information about returning to academic and athletic events or activities after sustaining a concussion.
This Act establishes targets for annual purchase of electric school buses through fiscal year 2030, and requires the Department of Education to submit an annual implementation report through 2029 as well as a comprehensive report in 2030 detailing future recommendations for electric vehicle purchases and other measures to reduce the carbon and environmental impact of the State’s school transportation fleet.