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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

14 DE Admin. Code 712
A. Type of Regulatory Action Required
Amendment to Existing Regulation
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend 14 DE Admin. Code 712 Employee Leave. The Department of Education reviewed this and other regulations which were four years or older as part of the 2016 Regulation Review as required by 29 Del.C. §10407. Public comment was received for this regulation in which the Department of Education was asked to include language that requires current employees to use their annual leave in a lump sum when retired/terminated so that a new employee can be hired. The Department consulted with district Human Resources Directors on the comment received. This group stated the issue was not a concern and they did not support the change as requested. The Department did make changes to the annual leave portion of the regulation for purposes of clarification.
Subject to any limitation imposed by statute, accumulated annual leave shall be paid upon termination of employment. The employee employer may allow the employee to either remain on the regular payroll until such time as all annual leave is exhausted, or receive a lump sum payment for all unused annual leave on in the employee's final paycheck. The vacated position may be filled at any time provided that the two employees do not receive compensation for the same pay period. Accumulated annual leave shall not be transferred between different employing state agencies or school districts.
Last Updated: December 31 1969 19:00:00.
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