HUMAN RESOURCE MANAGEMENT
Question of the Week Archive
- Week Number 52
Q. If I apply for an open position with one state agency does my application get sent to every agency with the same?A. No, your application will only go to the specific state agency to which you applied. You must apply for each individual job opening posted.
- Week Number 51
Q. Since the governor declared December 24th a holiday when will the 2008 Holiday list be updated?A. The governor declared December 24th a holiday for this year only. The holiday list currently on Human Resource Management web site continues to be correct for 2008.
- Week Number 50
Q. Who can I contact regarding workplace issues?A. In order to better serve employees on a statewide basis, the Office of Management and Budget, Human Resource Management has established a toll free number for employees to call with questions or concerns regarding workplace issues. The toll free number i
- Week Number 49
Q. Do I have to be out for greater than five weeks before I request Donated Leave?A. No, you may request donated leave as soon as the physician completes the appropriate form and certifies it will be medically necessary for you to be absent for greater than five weeks. The DL-1 Form needs to be completed by you and your physician and can
- Week Number 48
Q. Will my period of military leave be considered a break in service with the State and impact my eligibility to participate in the pension plan?A. No. An employee's period of military leave will be counted as covered service with the State for eligibility, vesting and benefit accrual purposes. Returning service members are treated as if they had been continuously employed.
- Week Number 47
Q. Am I required to use my sick and annual leave when I go out on Family and Medical Leave (FMLA)?A. Employees must use all but one week sick and one week vacation of available leave when out on FMLA.
- Week Number 46
Q. Is the Health Care FSA maximum of $3,000 for an individual or for a family?A. The Health Care FSA maximum is $3,000 per individual for State of Delaware employees. Therefore if both husband and wife are benefit eligible State employees, they could each have an annual election of $3,000 for the Health Care FSA for 2008.
- Week Number 45
Q. I was just reinstated after a seven month break in Merit State employment can I have my sick leave balance reinstated?A. No, when an employee leaves Merit State employment for reasons other than retirement, accrued annual leave is paid off at the point of separation and the sick leave balance is forfeit. Upon reinstatement the annual and sick leave balances start at zero. H
- Week Number 44
Q. Why should I contribute to the State Employees’ Charitable Campaign (SECC?)A. The SECC provides you with a single, combined annual campaign for giving through payroll deductions that can be made over the course of a year. The SECC also allows you to contribute to the charity of your choice.
- Week Number 43
Q. When is open enrollment for the Flexible Spending Accounts (FSA) for 2008 and do I have to reenroll if I am currently enrolled for 2007?A. Open enrollment for the Flexible Spending Accounts – Health Care and Dependent Care – for the 2008 plan year will begin on November 1, 2007 and close on November 21, 2007 at 11:59 p.m. Yes, you must reenroll for 2008 even if you are currently
- Week Number 42
Q. What is the SECC?A. SECC stands for the State Employees’ Charitable Campaign an annual fund-raising drive approved by the State of Delaware. This year the entire month of October is dedicated to the SECC. Each year state employees raise thousands of dollars through the
- Week Number 41
Q. Whose responsibility is it to notify me how much leave I have on the books?A. It is employees’ responsibility to keep track of their own leave balances. Most agencies periodically request employees to sign off on their leave balances. If you are not sure of your leave balance you should contact your timekeeper. If you do not
- Week Number 40
Q. How much annual leave can I carryover into the New Year?A. Merit and Merit comparable employees may carryover 318 hours (37.5 hours schedule) or 336 hours (40 hour schedule) into the new year.
- Week Number 39
Q. Can I take intermittent FMLA following the birth of my child?A. FMLA does not require the employer to grant intermittent FMLA leave following the birth of a child.
- Week Number 38
Q. What are the eligibility rules for Donated Leave?A. For Merit and Merit comparable employees the rules are the employee must be in a benefit eligible position, must have six months aggregate service with the State and the absence must exceed five (5) weeks either consecutive or in cumulative periods of at
- Week Number 37
Q. If I leave state employment, withdraw my contributions and subsequently return to state employment, can I have my previous pension credit restored?A. Yes, but you must repay the contributions and interest withdrawn, plus applicable penalty interest, and, if not vested, you must work for five consecutive years.
- Week Number 36
Q. What if I'm not currently in the National Guard or a member of the reserves but I want to join the military now do I have to ask my agency for permission?A. No, you do not need to request permission from your agency. See the Uniformed Service Employment and Reemployment Rights Act (USERRA) of 1994.
- Week Number 35
Q. If I use annual leave when I am tardy can they still discipline me for my tardy?A. Yes, using annual leave to make up pay for missed work due to a tardy does not make the tardy go away. Employees are expected to be at work as scheduled. Every employee is required to report to work on time each day.
- Week Number 34
Q. Do employees get paid time off to participate in the current blood bank donation contest?A. No, The current blood bank donation contest is not considered an emergency. Employees may request to take annual leave or compensatory time or to flex their schedule. They may also schedule during non-work hours or request to take leave without pay. In t
- Week Number 33
Q. If I am out on Short-Term Disability (STD)and Family and Medical Leave (FMLA)is running concurrently how much time is counted against the 12 weeks allowed under FMLA.A. For Merit and Merit comparable agencies, if you have used no FMLA during the 12 month period immediately preceding STD each day out on STD, including the 20 day elimination period, is subtracted from the FMLA 12 week period. Any time missed from work for
- Week Number 32
Q. I am a Merit Employee and I went for an interview with a Delaware School District and I was told I needed to take leave to attend the interview. I thought Merit Employees were allowed to go on work time to interview for other State positions.A. The Merit Rules allow Merit Employees to interview for Classified (Merit) positions on work time. If you wish to interview for a non-classified position you must do so on your own time and may request annual leave, available comp time or to flex your sch
- Week Number 31
Q. Can you tell me why I have to take a 1/2 hour lunch break during my workday instead of being scheduled to leave 1/2 hour early?A. Because Delaware Code Title 19, Chapter 7 §707 requires employers to give employees who are scheduled to work 7.5 or greater hours per day, a ½ hour break no earlier than 2 hours into the shift and no later than 2 hours prior to the end of the
- Week Number 30
Q. Can a Merit Employee donate leave to a School District Employee?A. No, the Donated Leave Program for School Districts, which fall under Delaware Code Title 14, have different parameters than the Donated Leave Program for Merit and Merit Comparable System employees, which fall under Delaware Code Title 29.
- Week Number 29
Q. Can I take a day of Compassionate Leave to go to my husband’s aunt’s funeral?A. No. However, you may request to take available annual leave or compensatory time or to flex your schedule.
- Week Number 28
Q. Can my supervisor deny my sick leave request and not allow me to take annual leave spread out in 1 hour increments every workweek?A. Yes, your supervisor may deny granting sick leave and annual leave for various reasons. For example, a request for paid sick leave may be denied because you made the request after returning from a scheduled doctor’s appointment instead of making th
- Week Number 27
Q. Is it true that the time I take off for prenatal doctor visits counts as part of my 12 week Family Medical Leave (FMLA)?A. It is true. Any period of incapacity due to pregnancy or prenatal care is considered a “serious health condition” for the purposes of FMLA, and the time should be applied against the 12 week allotted period.
- Week Number 26
Q. Can I have Donated Leave to care for a sibling?A. No. Del Code Title 29 §5956 (c) defines family member as: “an employee's spouse, son, daughter or parent who resides with the employee and who requires the personal attendance of the employee during the family member's catastrophic illness.&
- Week Number 25
Q. I am in a merit position can I apply for an In-House posting?A. Applicants may only apply if they are current employees of the recruiting Department in a position covered by the Merit System who have completed their initial probationary period or have return-to-Merit rights from that agency.
- Week Number 24
Q. I am a current merit employee and am considering accepting an exempt position. Is my merit status protected?A. Only certain budgeted positions have return to merit protection. Be sure to check with your agency Human Resource office as to the status of the position. Make accepting the offer pending confirmation of the protected status of the position.
- Week Number 23
Q. If I have questions about my benefits who should I contact?A. It is always best to start by contacting your agency Human Resource Representative. If that individual cannot answer your question, you will be referred to the appropriate person or office
- Week Number 22
Q. I requested an alternate work schedule, compressing my bi-weekly schedule so I work 5 days one week and 3 days the next. My supervisor denied my request based on my schedule creating overtime. I do not understand as I was only working 75 hours in a twoA. If you are eligible for overtime pay at time and a half (covered by FLSA) and wish to request an alternate work schedule you may not exceed 40 hours work during any given pay week which starts Sunday and ends Saturday. Additionally your requested schedule
- Week Number 21
Q. Now that jobs are posted for just seven days what can I do to avoid missing potential employment opportunities?A. You can create a Job Search Agent profile. Just go to http://www.delawarestatejobs.com/ and click the large DEL logo. You will be in DEL. Click on the “Notify Me of New Jobs” button at the top of the page. This will give you a list of occupati
- Week Number 20
Q. What happens when my 6 months Short-Term Disability (STD) ends?A. Per Del. Code Title 29, §5253(c)(5), upon the exhaustion of the maximum short-term disability benefit period, you shall no longer be an employee of the State or any of its political subdivisions. Once long-term disability benefits commence you shall
- Week Number 19
Q. Will I accrue annual and sick leave while on Short-Term Disability (STD)?A. Yes, you will accrue annual and sick leave at a 75% accrual rate if you do not use accrued leave to supplement your pay. Also you will accrue leave at a 100% if you make up the 25% difference with accrued leave.
- Week Number 18
Q. Must I sign my performance review if I am in disagreement?A. Your signature on your performance review merely means you have received the review, it does not mean you agree with the review. Every employee is encouraged to be an active participant in the review process. If you are in disagreement with any statement
- Week Number 17
Q. I heard I can use up to 12 weeks accrued sick leave during the first year following the birth of my child even when neither myself nor my child are ill, is that true?A. Yes, in accordance with Delaware Code Title 29, §5120 eligible employees may use up to twelve weeks accumulated sick leave upon the birth of a child of the employee or the employee’s spouse, or adoption by the employee of a pre-kindergarten age
- Week Number 16
Q. I was a merit employee for 5 years but left for a job in private industry. Now I have returned to State employment do I still have my merit status?A. No, once you leave State employment you lose your merit status. If you do return to State employment you must serve a new initial probationary period of one year. (NOTE: Probationary period may vary if the position is covered by a union agreement.)
- Week Number 15
Q. Do I get credit toward a state pension for my military service time?A. If you were hired before July 1, 1976, you may receive service credit for up to five years, for full-time active duty in the Armed Forces of the United States. However, you must have become an employee within five years after completion of your tour of du
- Week Number 14
Q. I am thinking of taking a promotion but will have the additional expense of paying for parking. How can I find out how much the Commuter Pre-Tax Dollar would help?A. You may contact the vendor for the Pre-Tax Commuter Benefit, ASI at 1-800-659-3035. They have a calculator which can estimate how much you can save on your parking expense by enrolling in this benefit.
- Week Number 13
Q. I am thinking of joining a State van pool. What do I have to do to receive the Commuter Pre-Tax Dollar benefit?A. When you join the State Van Pool, you will be required to sign a contract with Fleet Link. Part of this contract is an automatic enrollment into the Pre-Tax Commuter Benefit. Your monthly fee for the Van Pool will be divided equally between the first tw
- Week Number 12
Q. Do I have to come back to work following the birth of my baby when the physician indicates I am physically able even if I have more FMLA time available?A. No, you are entitled to a total of 12 weeks during a rolling calendar year to care for your child after birth. This also applies to individuals adopting a child or obtaining a foster child. However the FMLA leave entitlement for birth, adoption or place
- Week Number 11
Q. If I leave State merit employment, but return at some future date, will I immediately be a State merit employee?A. No, you will need to serve a new initial probationary period of one year. (Ref. MR 9.5)
- Week Number 10
Q. If I return to State merit employment after a break in service of less than two years and initially accept a different classification than the one I left and then, ,within the two year requirement, I take a job in my former classification, am I entitled tA. No, for Merit Rule 4.8 to apply you need to return to State merit employment within two years into the same classification as when you left. If your initial position upon rehire is not in the same classification, then the reinstatement rule no longer app
- Week Number 9
Q. My husband's uncle passed away and my agency told me I hand to request annual leave. Is that true? I thought I was permitted to take 7.5 hours to attend the memorial services of aunts and, uncles?A. Your agency is correct. Per Merit Rule 5.4.2, you are permitted to take 7.5 hours (37.5 hour weekly schedule) or 8 hours (40 hour weekly schedule) leave with payto attend memorial services or related activity for your own aunt or, uncle. For your spouse&
- Week Number 8
Q. What if an employee loses more than one immediate family member in the same event?A. The employee is to be given 22.5 hours (for a 37.5 hour schedule) or 24.0 hours (for a 40.0 hour schedule) Compassionate Leave per immediate family member. For example if both parents pass away on the same day an employee on a 37.5 hour schedule would be
- Week Number 7
Q. Can employees use Donated Leave for the same relatives that they can use for sick leave as defined in the Merit Rules?A. No, per Delaware Code Title 29, §5956 (c) Donated Leave is available to use for an employee, employee’s spouse, son, daughter or parent who resides with the employee…”
- Week Number 6
Q. What happens if the Donated Leave received is more than the amount needed by the recipient?A. Any unused donation is to be returned to the donor provided the donor continues to be in a benefit eligible position with the State. If the donor has: left State employ; retired; or is no longer in a benefit eligible position, the unused leave is to be s
- Week Number 5
Q. Must an employee attend memorial services or related activities to get paid Compassionate Leave?A. For an immediate family member the answer is NO. The employee may choose to take the leave at a date other than when the memorial services or related activities occur. However the days are normally to be taken consecutive. For a near relative (define
- Week Number 4
Q. What if an employee experiences a loss of someone close that does not fall under the categories specified in the Merit Rules, can they receive Compassionate Leave?A. Employees may make a request to their agency to approve Compassionate Leave for a person not specified as immediate family. It is at agency discretion to grant or deny the request.
- Week Number 3
Q. Do I have a right to see my personnel file?A. Yes, every employee in the State of Delaware has a right to examine their own personnel file provided they are currently employed, on laid off status with reemployment rights or on leave of absence. However, employees are required to make an appointment
- Week Number 2
Q. How will I be compensated for Tuesday, January 2, 2007, the National Day of mourning for former President Gerald Ford?A. If you are a Merit Employee in the Executive Branch the day will be treated and paid as if it were a Holiday, 7.5 hours for a 37.5 hour work schedule and 8.0 hours for a 40.0 work schedule. If an employee was on scheduled leave on Tuesday, the 7.5 or 8.0
- Week Number 1
Q. If I have already provided a FMLA Medical Certification and am now requesting Donated Leave do I need to have my physician complete pages 4, 5, and 6 of the Donated Leave DL-1 form?A. Yes, the FMLA Medical Certification form requests different information than is required on the Donate Leave DL-1 and the criteria for approval may differ.
- Week Number 52
Q. Must an employee be a Full-time Merit Employee to be entitled to FMLA?A. No, all employees of the State regardless of their employment status (e.g. classified, non-classified, merit, probationary, casual/seasonal, limited term, etc…) are entitled to FMLA provided they meet the following criteria: 1. One year of aggregate State service 2. Have been paid for at least 1,250 hours during the prior 12 months.
- Week Number 51
Q. I gave my supervisor my doctor’s note and they still required me to turn in a FMLA Medical Certificate. Can they do that?A. Yes, your Human Resources office will require the completion of the FMLA Medical Certificate as the document requires answers to the specific information permitted and/or required by the FMLA which will facilitate determining a qualifying event. FMLA Medical Certification Form
- Week Number 50
Q. I was just reinstated after a seven month break in Merit State employment can I have my sick leave balance reinstated?A. No, when an employee leaves Merit State employment for reasons other than retirement, accrued annual leave is paid off at the point of separation and the sick leave balance is forfeit. Upon reinstatement the annual and sick leave balances start at zero. However, the annual leave accrual rate will be based on aggregate service.
- Week Number 49
Q. Can an employee use accrued leave rather than FMLA?A. No, the employer is required to designate FMLA-qualifying events. In all circumstances, it is the employer’s responsibility to designate leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. • In the case of intermittent leave or leave on a reduced schedule, only one such notice is required unless the circumstances regarding the leave have changed. • The employer’s designation decision must be based only on information received from the employee or the employee’s spokesperson (e.g., if the employee is incapacitated, the employee’s spouse, adult child, parent, doctor, etc., may provide notice to the employer of the need to take FMLA leave). • In any circumstance where the employer does not have sufficient information about the reason for an employee’s use of paid leave, the employer should inquire further of the employee or the spokesperson to ascertain whether the paid leave is potentially FMLA-qualifying. (Ref.
- Week Number 48
Q. When will my leave be designated FMLA?A. FMLA requires one of the following Qualifying Events: • to care for the employee's child after birth, or placement for adoption or foster care; • to care for the employee's spouse, son or daughter, or parent who has a serious health condition; or • for a serious health condition that makes the employee unable to perform the employee's job. The serious health condition described above means one of the following things must happened: • inpatient hospital care; • absence from work or school for more than 3 consecutive calendar days that involves continuing care by a health care provider; • continuing treatment* for a chronic serious health condition; • continuing treatment* for a serious health condition that if not treated would result in incapacity for more than 3 days; • and any period of incapacity prenatal care. It is important to remember the following. • The 3 day waiting period does not apply for pregnancy, chronic serious health cond
- Week Number 47
Q. Can a permanent part-time employee who accrues annual and sick leave receive donated leave?A. Yes for the time missed from their permanent part-time schedule, provided they meet the six month State service eligibility rule and their absence meets the Donate Leave criteria of greater than five weeks absence or the equivalent in increments of not less than 7 calendar-days for the same illness.
- Week Number 46
Q. Do employees get paid time off to donate blood at the blood bank?A. Employees may request to take annual leave, schedule during non-work hours or request to take leave without pay. In the case of a special call for an emergency donation, as occurred for the 9/11 disaster, and when an employee is donating blood for personal use during a scheduled surgery, sick leave may be approved.
- Week Number 45
Q. Who is eligible for the Return Day Holiday?A. Benefit eligible employees whose primary residence on record in PHRST is located in Sussex County or whose primary work location is in Sussex County are eligible for the Return Day Holiday. Compensation for Return Day (the second day after the General Election after 12 noon) is 3.75 hours for 37.5 hours work week schedule or 4 hours for 40 hour work week schedule.
- Week Number 44
Q. Are in-laws considered immediate family for the purpose of Compassionate Leave?A. The parents of the employee’s spouse or domestic partner are immediate family for the purpose of Compassionate Leave. And in accordance with Merit Rule 5.4.1 employees should be given 22.5 hours (for a 37.5 hour weekly schedule) or 24.0 hours (for a 40.0 hour weekly schedule) off for the death of a parent in-law. However for the purpose of Compassionate Leave brother/sister-in-laws are not immediate family. And in accordance with Merit Rule 5.4.2 employees should receive 7.5 hours (for a 37.5 hour weekly schedule) or 8.0 hours (for a 40.0 hour weekly schedule) off to attend memorial services or related activity if they conflict with work hours.
- Week Number 43
Q. If an employee goes out on leave due to a catastrophic illness/injury before 6 months of employment with the State are they eligible for Donated Leave once the 6 month anniversary date has been reached?A. No. To be eligible for Donated Leave an employee must have completed at least 6 months of employment before the start of the absence.
