Feeling Sick Days After Work Related Injury In Delaware

The language of 29 Del. C. 5933 provides in relevant parts that: (a) the rules shall provide for annual, sick and special leaves of absence, with pay or at reduced pay. Whenever an officer of employee of the State, including those exempt from the classified service, qualifies for workmen's compensation benefits, such officer of employee, for a period not to exceed 3 months from the date such compensation begins, shall not be charged sick leave and shall receive from the State the difference, if any, between the total of: (1) the amount of such compensation (2) any disability benefits received under the Federal Social Security Act, (3) any other employer supported disability program, and the amount of wages to which the officer or employee is entitled on the date such compensation begins, provided the injury of disease for which such compensation is paid is not the direct result of such officer or employee's misconduct and occurs during a period of employment for which the employee is entitled to receive wages. The statute was enacted to prevent employees from having to use sick days when they were disabled due to a work related injury. In drafting the statute, the legislature merely gave state employees a benefit of preserving their sick time. If the employee did not have the benefit of this statute and had to use sick time, there would not be enhancement by adding overtime that he would have worked if he was not required to use sick time. Further, the statute provides the amount of wages shall be determined on the date compensation begins. As of this date, there is no requirement of payment of overtime, but only the base salary. Further, prior to this statute's enactment, if an employee wished to supplement the monies received under workmen's compensation, his only avenue was to use sick days.