Delaware

Delaware - Compensation & Benefit Legislation

DELAWARE - AASHOWME

Demonstrates www.BenefitsReview.com™. Illustrates insurance carriers' coverages within the State.

DELAWARE - ADOPTED CHILD HEALTH CARE MANDATE

OBRA 1993 (Federal) requires group health plans to honor medical and child support orders. Also, plans must treat adopted children like biological children covered by the plan, and plans are precluded from applying pre-existing condition exclusions to an adopted child where no such exclusion applies to a newborn biological child. Health plans that covered the cost of pediatric vaccines as of May 1, 1993, and fail to continue that level of coverage, will be subject to an excise tax penalty applicable to plans that fail to meet the health care continuation coverage requirements under OBRA 1993.

Mandatory coverage of birth of adopted children is included in state's newborn health care mandate.

Preventive care for children: if outpatient services are covered, mandatory coverage for lead screening tests for children at age 1, with additional tests to age 6 for children at high risk for lead poisoning.

(Delaware Code Ann. tit. 18, Sections 3511, 3550, 3554)

DELAWARE - ALCOHOLISM & DRUG ABUSE

State reports no statutory requirements.

DELAWARE - CAFETERIA PLAN TAX LAWS

State income tax, unemployment insurance tax on salary reduction: State unemployment insurance law has no specific provision on cafeteria plans, payments for health and accident and group term life insurance benefits are specifically excluded from wages under state UI law and may be excluded even when provided through a cafeteria plan. Employee salary reductions for the purchase of group-term life insurance are taxable.

DELAWARE - CONTINUATION OF COVERAGE CONVERSIONS

State reports no statutory requirements.

DELAWARE - COORDINATION OF BENEFITS

Requires use of the birthday rule if coordinating benefits (effective 10/26/88). Based on 1987 National Association of Insurance Commissioner Rules model. (Delaware Ins. Reg. 61)

DELAWARE - COST-OF-LIVING

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian cost-of-living data and U.S. Automobile Cost Survey.

DELAWARE - DRUG TESTING AND EMPLOYEE ASSISTANCE BENEFITS

Who is Covered by Statute: School bus drivers.

Applicant Testing: State has no statutory requirements.

Employee Testing: State has no statutory requirements.

How Test Results are Used: Positive test results are grounds for termination.

Enforcement of Statutes: State has no statutory requirements.

Employee Remedies: State has no statutory requirements.

Employer Penalties: State has no statutory requirements.

Who Pays for Testing: Employer pays for initial test. Subsequent test costs are paid by employee.

Employee Assistance Benefits: State has no statutory requirements.

Other Requirements: State has no statutory requirements.

(Delaware Code Ann. tit. 14, Section 2910.)

DELAWARE - GROUP HEALTH CODE ADDITIONS (MANDATED)

Disclosure of Patient Information: Non-disclosure clauses, provisions that would prohibit physicians or other health care providers from supplying patients with information concerning their diagnoses, prognoses, and treatment options, must not be contained in health insurance policies or in HMO plans. (S449, 1996) (Delaware Code Ann. tit. 18, ch. 33, 64 Sections 3303, 6407.)

Newborns: Policies providing family coverage must provide benefits for newborns from the moment of birth for injury or sickness including treatment of medically diagnosed congenital defects and birth abnormalities as well as routine care. (Delaware Code Ann. tit. 18, Sections 3335, 3550.)

Pap Smears: Group policies covering outpatient services must cover pap smears. (Delaware Code Ann. tit. 18, Section 3552.)

Policies for Small Employers: The term 'health benefit plan' as it is used in the Small Employer Health Insurance chapter includes any hospital or medical policy or certificate, major medical expense insurance, health service corporation subscriber contract or health maintenance organization. The term does not include insurance for partial coverage, such as a Medicare supplement, or dental, vision, or disability coverage. (Ch. 69) The chapter was amended in 1994 to exclude gender from the list of characteristics that carriers may use in determining premium rates for a small employer. 'Small employer' is defined as an employer having no more than 50 eligible employees. A small employer need employ only one or more eligible employees to qualify for a basic health benefit plan or a standard health benefit plan, and an employee who has other qualifying existing coverage will not be counted in the participation requirements of carriers. Carriers that cannot meet the small employer plan requirements may not offer coverage in the applicable area to new cases of employer groups with more than 50 eligible employees. (SB 365)

Providers: Chiropractors, optometrists, podiatrists, chiropodists, and nurse midwives: Costs for services must be covered if the provider is licensed, the service is within the provider's scope of services, and the service is covered by the policy. (Delaware Code Ann. tit. 18, Sections 3336, 35 53); (Delaware Code Ann. tit. 24, Sections 511, 717, 2101.)

DELAWARE - GROUP HEALTH FOR SMALL EMPLOYERS

For insurance plans offered to small employers:

Eligibility Criteria: 2 - 50 employees, the majority within the state.

Restrictions on premiums: Yes.

Restrictions on cancellation: Yes.

Pre-existing Conditions: Provision may not exclude coverage for more than 12 months following the effective date of coverage.

Other: Basic coverage for inpatient and outpatient minimum coverage shall be offered according to Health Benefit Plan Committee guidelines. No other law mandating particular coverage shall apply to plans offered pursuant to this act.

(Delaware Code Ann. tit. 18 Sections 7201, 7205, 7206, 7207, 7211, 7213)

DELAWARE - GROUP LIFE CODE ADDITIONS

Employer required to pay part of premium: No.

Percent of employees who must elect coverage (if employees pay part of premium): No statutory requirements.

Percent of employees who must be covered if employer pays all of premium: 100%.

Minimum number of employees in group plan: No statutory requirements.

Employer prohibited as beneficiary: Yes.

Grace period (days): 31

Mandatory conversion: Yes.

Other provisions: None.

(Delaware Code Ann. tit. 18 Sections 3102, 3112, 3113, 3120)

DELAWARE - HOLIDAYS

January 1, Washington's Birthday (or 3rd Monday in February), Memorial Day (or last Monday in May), July 4, Labor Day (or 1st Monday in September), Veterans Day, and December 25 are state holidays in all 50 states and in the District of Columbia. Other holidays under State law include: Martin Luther King's birthday (or 3rd Monday in January), Columbus Day (or 2nd Monday in October), Thanksgiving. Other: If any holiday falls on Sunday, following Monday is a holiday; if any holiday falls on Saturday, preceding Friday is a holiday. (Delaware Code Ann. tit. 1 Sections 501, 601, 602)

DELAWARE - IMMIGRATION (PREVAILING WAGE POLICY)

See U.S. Federal General Administrative Letter 1-2000

DELAWARE - JURY DUTY & WITNESS TIME OFF

Employer Restriction For Discharging Employee For Taking Leave For Jury Service: Yes.

Remedies and Penalties: Violator is guilty of criminal contempt, punishable by a fine of not more than $500, or imprisonment for not more than 6 months, or both. Employee can bring civil action within 90 days of discharge for lost wages, reinstatement and reasonable attorney fees.

Other Requirements: None reported. (Delaware Code Ann. tit. 10 Section 4515.)

Employer Restriction For Discharging Employee For Taking Leave to be a Witness: State reports no statutory provisions.

Remedies and Penalties: State reports no statutory provisions.

Other Requirements: State reports no statutory provisions.

DELAWARE - LEAVES OF ABSENCE

Employers Subject to Leave Laws: State employers.

Criteria for Eligibility: Continuously employed for at least 1 year on a full time basis.

Maximum length of leave: 6 weeks.

Paid Leave: State does not require paid leave.

Acceptable Reasons for Leave: Adoption of a child.

Employment Guarantees After Leave: Entitled to reinstatement in position held at time of leave.

Use of Vacation or other Time-off Benefits: State reports no statutory requirements.

Certification Required: State reports no statutory requirements.

Effect of Leave on Other Benefits: Vacation and sick leave do not accumulate while on leave.

Effect of Seniority Accrual During Leave: State reports no statutory requirements.

Minimum Requirements for Notification to Employer: State reports no statutory requirements.

Conditions for Denial of a Request For Leave: State reports no statutory requirements.

(Delaware Code Ann. tit. 29 Section 5116.)

See U.S. Federal Family and Medical Leave Act

DELAWARE - LONG TERM DISABILITY CODE ADDITIONS

State does not require employer to provide long term disability benefits; although many employers do in order to remain competitive in hiring/retention of employees.

See LEAVES OF ABSENCE (above), WORKERS' COMPENSATION (below) and U.S. Federal Americans With Disabilities Act

DELAWARE - MANDATED PROVIDERS

Optometrists, chiropractors, podiatrists, nurse practitioners, and midwives. Direct access to obstetrician/gynecologist. (Delaware Code Ann. Tit. 18 Sections 2318, 3342, 3553 tit. 24, Sections 511, 717, 2101)

DELAWARE - MENTAL HEALTH CARE

State reports no statutory requirements.

DELAWARE - MINIMUM WAGE

$6.15 per hour (effective for non-exempt workers).

Exemptions: Certain professionals, agriculture, domestics, outside sales, apprentices, and certain handicapped in special environments. (Delaware Code Ann. tit. 19 Sections 901, 902, 905, 906)

See U.S. Minimum Wage

DELAWARE - NEW HIRE REPORTING

Who is required to report: All employers.

Who must be reported: All new hires and rehires.

Exempt from reporting: No exemptions.

Form(s) to file: W-4 or an employer designed form. Reports may be submitted using any form of electronic or magnetic media.

Filing deadline: Within 20 days of hire.

Employer information to be included: Name, address, and federal EIN.

Employee information to be included: Name, address, and SSN.

Penalty for failure to report: $25 fine for each failure or refusal to report new hire; if result is the result of a conspiracy between employer and employee, employer shall be fined $500.

(Delaware Code Ann. Tit. 13, Section 1156A as amended by Senate Bill No. 162)

DELAWARE - NEWBORN CARE MANDATE

Mandated coverage.

DELAWARE - OVERTIME COMPENSATION REQUIREMENTS

State reports no statutory requirements.

DELAWARE - PARENTAL LEAVE

See U.S. Federal Family and Medical Leave Act

DELAWARE - PRE-EXISTING CONDITIONS

For insurance plans offered to small employers, coverage must not be denied for losses incurred more than 12 months following the effective date of coverage due to a pre-existing conditions. (Delaware Code Ann. tit. 18 Sections 7201, 7205, 7206, 7211, 7213)

See U.S. Federal Health Insurance Portability & Accountability Act

DELAWARE - PROTECTED CLASSIFICATIONS

Age: Yes, between 40 and 70.

Race: Yes.

Color: Yes.

National Origin: Yes.

Ancestry: No specific law. State has expressed policy against discrimination.

Religion: Yes.

Sex: Yes.

Pregnancy: No specific law. State has expressed policy against discrimination.

Sexual Harassment: No specific law. State has expressed policy against discrimination.

(Del. Code Ann. tit. 19, Sections 710, 711.)

DELAWARE - SALARY SURVEY

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian wages & salaries (covering 3,000 positions).

DELAWARE - SHORT TERM DISABILITY CODE ADDITIONS

State does not require employer or employee participation in short term disability plans.

DELAWARE - TERMINATION & SEVERANCE PAY

Date pay is due if employee is discharged: Immediately. Vacation pay is payable when due or within 30 days of becoming due.

Date due if employee resigns: Within 7 days.

Wages: Yes.

Vacation Pay: Yes.

Holiday: No.

Sick leave: Yes.

Severance: No. ( Delaware Code Ann. tit. 10, Section 1103. See GMC v. Local 435 of the International Union, 546A.2d 974 (1988))

DELAWARE - UNEMPLOYMENT TAX

Employer Contributions:

Tax Rate (%):

Standard: 5.4
Maximum: 8.7
Minimum: 0.8

Voluntary Contribution Provision: No. State reports no statutory requirements.

(Delaware Code Ann. Tit. 19 Section 3348, 3350; 1C.)

DELAWARE - VACATION PAY

See TERMINATION & SEVERANCE PAY (above)

DELAWARE - VOTING TIME OFF

State reports no statutory requirements.

DELAWARE - WORKERS' COMPENSATION

Private Employers: Mandatory as to all employments. Up to 4 corporate officers/stockholders may reject coverage. Elective as to sole proprietors or partners.

Public Employers: Elective as to all state and certain counties, cities, and towns.

Exceptions: Domestic servants, casual employees earning less than $300 in 3 months from one household, farm labor.

Special Coverage Provisions: Elective as to licensed real estate.

(U.S. Chamber of Commerce, 1994 Analysis of Workers' Compensation Laws.)