The Delaware Employment Law Guide

Delaware does not explicitly allow or prohibit testing employees or applicants for drugs or alcohol, except for school bus drivers, nursing homes, home health agencies, and certain governmental employees.

COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.” Delaware’s mini-COBRA allows employees to continue their coverage for up to nine months. Employers must provide notice within 30 days of the triggering event to the employee and the policy administrator.

Employers may not discharge or discriminate against an employee, because the employee reported a violation of the law, because the employee participated in a proceeding regarding an alleged violation of the law, or because the employee refused to violate the law or assist in violating the law.

Delaware requires that employers conduct background checks on the following types of employees or applicants: Department of Corrections personnel, childcare workers, healthcare personnel, public school personnel, school bus drivers, and nursing home personnel.

Employers are prohibited from asking applicants about expunged criminal records, and applicants are not required to disclose criminal records that have been expunged.

Delaware’s Pregnant Workers Fairness Act requires employers to provide reasonable accommodations to employees whose ability to work is limited by pregnancy, childbirth, breastfeeding, and related conditions. Examples of reasonable accommodations include: more frequent or longer breaks; modifying no-food-or-drink policies; light-duty assignments; temporary transfer to an alternative position; and modified work schedules.

Employers must inform their employees before monitoring their phone calls, e-mail messages, or internet use. The notice may be electronic.

Delaware is an “all parties” consent state, meaning every person on a phone call must be aware that they are being monitored or recorded and have consented by placing or continuing the phone call.

This means employers may monitor or record phone calls between their own employees only if each employee has been given notice that phone calls may be monitored or recorded. However, phone calls placed by employees to outside parties may not be monitored or recorded unless the outside party has also consented.

Any public or private sector employer with 50 or more employees are required to provide harassment prevention training.

All new hires must receive training within 1 year of commencement of employment.   Once the employees have received the initial training, they must be retrained on harassment prevention every two years thereafter.

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