SPONSOR:   

Rep. Longhurst & Sen. Connor

 

Reps. Barbieri, J. Johnson, Mulrooney; Sen. Henry

 

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

 

HOUSE BILL NO. 275

 

 

AN ACT REQUIRING COLONIAL SCHOOL DISTRICT TO RETURN A TEACHER WITHIN THE DISTRICT TO THE SAME TEACHING POSITION HELD PRIOR TO SUCH TEACHER’S LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT.

 


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

 


Section 1.  The Colonial School District shall return all of its full-time or part-time teachers who have satisfied the requirements necessary to entitle such teacher to take leave under The Family and Medical Leave Act to the same exact teaching position that the teacher held before taking such leave, assuming such teacher is able to perform the essential functions of that position and so long as the time period for which the teacher takes leave is no greater than 12 weeks consecutively or aggregated during any 12-month period.

Section 2.  Nothing in this Act shall be read to, construed as, or interpreted as effecting a change or in any way modifying or altering the seniority or tenure of and/or among teachers.


SYNOPSIS

This Act makes clear that any full-time or part-time teacher in the Colonial School District who has satisfied all requirements to entitle the teacher to take leave under The Family and Medical Leave Act shall be returned to the same exact teaching position that the teacher held before taking such leave.  In addition, the Act shall have no effect on and in no way alters the current levels of tenure and/or seniority among teachers in the Colonial School District.