19 Del. Admin. Code § 2007-4.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 2007-4.0 - STD Elimination Period

4.1 Employees will be eligible to utilize earned sick leave, annual leave, compensatory time or donated leave for absences due to accident, illness, or injury for periods before disability benefits begin, so that the employee receives 100% of creditable compensation not to exceed the employee's sick leave, annual leave or these combined leave balances based on the rules that apply by the claimant's employing organization. As of the birth of a child, employees entitled to parental leave may utilize parental leave to satisfy the elimination period for periods before STD benefits begin. Merit employees who are injured on the job and approved for WC should not be charged with sick leave for any portion of the day of the injury, in accordance with Merit Rule 5.3.8. Non-Merit employees must follow the rules that apply to the employee's employing organization.

4.2 In accordance with 29 Del.C. § 5253(b)(1), STD benefits will begin after the exhaustion of the calendar day elimination period. Consistent with the provisions of 29 Del.C. § 5255 that allow the DIP insurance carrier or third-party administrator to determine eligibility of an employee to receive STD benefits, the elimination period will begin on the date of disability and STD benefits will begin on the 31st calendar day of disability. The calendar day elimination period does not have to be satisfied consecutively however, if an employee returns to work for one day or less during the calendar day elimination period, but cannot continue to work thereafter, the period worked will not be considered to have interrupted the calendar day elimination period.

4.3 In accordance with 29 Del.C. § 5253(b)(1), the calendar day elimination period must begin and conclude within normal working periods for employees who work less than 12 months per calendar year. "Normal working periods" are the scheduled working days of the employee. Disabilities that begin during a non-working period may not be claimed until the normal working period resumes at the start of the following school year for Less Than Twelve Month Educational Employees.

4.4 In accordance with 29 Del.C. § 5253(b)(5), if an employee returns to the employee's position on a full time basis for 15 consecutive calendar days or longer, the succeeding period of disability for which the employee will become eligible will be a new period of STD with a corresponding calendar day elimination period. A new period of STD will not be granted if an employee returns to work on a part-time basis.

19 Del. Admin. Code § 2007-4.0

19 DE Reg. 78 (7/1/2015)
20 DE Reg. 70 (7/1/2016)
22 DE Reg. 861 (4/1/2019)
28 DE Reg. 57 (7/1/2024) (Final)