19 Del. Admin. Code § 2007-12.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 2007-12.0 - End of Employment

12.1 The employing organization is required to fill out a Vested Pension Application at the exhaustion of the STD benefit period. The filled out form must be submitted to the Office of Pensions for processing.

12.2 Employees leaving State service whose application for LTD benefits has not been approved, are eligible for continuation of health care coverage under COBRA. Employees should contact the employee's Human Resource Benefits Office for details of this continuation option. Please refer to the Group Health Insurance Plan Eligibility and Enrollment Rules for full details.

12.3 Six weeks before the exhaustion of the STD benefit period, regardless of whether the employee's claim is in an approved status or has had the STD claim extended through the 182nd calendar day of disability, the employing organization will provide the employee with Exhaustion of STD Benefit communications for the purpose of obtaining the employee's intentions of returning to work, retiring, or becoming an LTD beneficiary and for escrowing sick leave and annual leave for a 6 month period and for benefit elections for while on approved LTD. Refer to subsections 9.1.10 and 9.2.4 of this regulation for a description of escrowing leave.

12.4 In accordance with 29 Del.C., § 5933(c) and (d) and 83 Del Laws c 325 section 30, employees injured while performing a hazardous duty assignment and whose injuries arose out of and in the course of performing hazardous duty are entitled to a 12 month salary supplement. Employees entitled to hazardous duty pay as defined in 29 Del.C., § 5933(c) and (d) and 83 Del Laws c 325 section 30 who exhaust the maximum STD benefit period will no longer be an employee of the State or its political subdivisions at the end of the employee's entitlement to hazardous duty pay or parental leave, provided the employee has exhausted the FMLA entitlement or is not FMLA eligible and the employee is not working on a temporary reduced, alternate, light duty or part-time basis. When employment ends, the employee will not be eligible for payment of unused parental leave. Refer to subsections 9.1.10 and 9.2.4 of this regulation for a description.

19 Del. Admin. Code § 2007-12.0

16 DE Reg. 1004 (03/01/13)
18 DE Reg. 79 (7/1/2014)
19 DE Reg. 78 (7/1/2015)
22 DE Reg. 861 (4/1/2019)
28 DE Reg. 57 (7/1/2024) (Final)