19 Del. Admin. Code § 1401-21.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1401-21.0 - Penalties21.1 Penalty. If the Division deems an employer in violation of the Act, the employer will receive 1 written warning of this violation and will be given 30 days to correct the violation. If the violation is not corrected within 30 days or this is a subsequent violation, then the employer may be subject to a civil penalty. This penalty shall not be less than $1,000 nor more than $5,000 for each violation. The Division has determined that "each violation" means each alleged action against each employee.21.2 Employer overpayment of penalties. The Division shall refund any penalties paid by an employer with interest which is in excess of the amount determined to be legally due and payable. For administrative efficiency, any refund amount due an employer may be applied by the Division to an employer's contribution account or to used satisfy any other amount due the Division from the employer.21.3 Anti-discrimination. All provisions of the Act are subject to the state's anti-discrimination laws and regulations. While an employer may be granted discretion to make decisions in regard to certain aspects of employee eligibility, claims adjudication, or any other aspect of the PFML insurance program, this grant of authority does not allow them to violate any provision of the state's anti-discrimination laws or regulations.19 Del. Admin. Code § 1401-21.0
28 DE Reg. 147 (8/1/2024) (Final)