Emergency Response: Delaware

This Emergency Response policy applies to employees in Delaware who serve as volunteer emergency responders under the Delaware Volunteer Emergency Responder Job Protection Act, and it explains when your organization must allow unpaid, job-protected time off during declared emergencies (and for certain responder-related injuries), plus how employees should notify you and stay in touch while they are out.

The History Behind Emergency Response Policies in Delaware

Emergency Responder Leave became a real workplace issue in Delaware because the state relies heavily on volunteers to staff fire companies, EMS squads, and related services. When large-scale storms and other emergencies hit, those volunteers can be away from their day jobs for significant periods of time.

Delaware eventually put rules in place around job protection through the Volunteer Emergency Responder Job Protection Act, which became law in September 2013. The law limits when you can discipline or discharge an employee for missing work to perform covered volunteer emergency duties during declared emergencies, and it also covers absences tied to injuries suffered while responding. It also bars retaliation and discrimination tied to requesting or taking this kind of leave. The statute did not create paid leave, but it did create consequences for getting the employment decision wrong, which is why employers began treating an Emergency Response policy as a baseline compliance tool.

Which Law is the Emergency Response Policy Meant to Comply With?

If you create and distribute an Emergency Response Policy for your Delaware-based employees, it's in an effort to comply with Delaware's Volunteer Emergency Responder Job Protection Act (DE § Title 19, Chapter 18).

How to Write a Delaware-Specific Emergency Response Policy

• Start with "why" and introduce the concept, supporting employees who volunteer as emergency responders and offering unpaid leave for those duties.
• Define who qualifies as a volunteer emergency responder under the policy.
• Explain how employees should request emergency responder leave and that your organization may ask for verification.
• Set an expectation that employees stay in contact during leave to support staffing and continuity.
• State job-protection rules that limit discipline or discharge for protected emergency-response absences.
• Include a non-retaliation and non-discrimination commitment for requesting or taking emergency responder leave.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

Even when notice is not required, this is still the kind of policy most employers should put in their handbook or otherwise publish to employees. It answers a question employees will ask, sets expectations, and gives managers a consistent script. If you don't include it, you'll end up explaining it ad hoc, and that's when inconsistency, resentment, and accidental noncompliance shows up. 

Other Considerations

The law applies to Delaware employers who have at least 10 employees working in the US.

Exceptions

None.