19 Del. Admin. Code § 2007-23.0

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

Section 2007-23.0 - Stay at Work Assistance

23.1 Employees should request stay at work assistance from the employee's supervisor, the employing organization's Human Resource Benefits Office, or the employing organization's ADA coordinator (or designee) when employees experience an illness or injury that has impacted the ability to perform the essential functions of the job. If an employee requests stay at work assistance from the supervisor, the supervisor must communicate that request to the employing organization's Human Resource Benefits Office and the employing organization's ADA coordinator (or designee). For assistance in identifying the employing organization's ADA coordinator (or designee), reach out to the employing organization's Human Resource Benefits Office.

23.2 It is the responsibility of every employing organization's Human Resource Benefits Office to work with the employee, the supervisor, and other applicable contacts (i.e., SBO RTWC and ADA coordinator (or designee)) to identify possible reasonable accommodations that would allow the employee to remain in the employee's current position.

23.3 As part of the State of Delaware's DIP, the SBO RTWC provides stay at work assistance to employees and former employees who:

23.3.1 Are currently on an approved STD or LTD claim or were previously on an approved STD or LTD claim within the past 12 months, and

23.3.2 Have returned to work and are having a relapse or exacerbation of the disability, illness, or injury and having difficulty performing the essential functions of the position.

23.4 The SBO RTWC works with the employee's Human Resource Benefits Office and organization's ADA coordinator (or designee) to identify possible reasonable accommodations that would allow the employee to remain in the employee's current position performing the essential functions.

19 Del. Admin. Code § 2007-23.0

15 DE Reg. 1367 (3/1/2012)
16 DE Reg. 1004 (3/1/2013)
18 DE Reg. 79 (7/1/2014)
19 DE Reg. 78 (7/1/2015)
20 DE Reg. 70 (7/1/2016)
20 DE Reg. 660 (2/1/2017)
21 DE Reg. 234 (9/1/2017)
22 DE Reg. 861 (4/1/2019)
28 DE Reg. 57 (7/1/2024) (Final)