Election-Worker Service Leave Request and Appointing-Authority Certification Packet

ELECTION-OFFICER VACATION-LEAVE AND EMPLOYMENT-PROTECTION PACKET

Delaware — 15 Del. C. §§ 4702, 4706, and 4709

1. EMPLOYEE AND EMPLOYER

2. APPOINTMENT

Department of Elections appointment:

• ☐ Original election-officer appointment under § 4702
• ☐ Replacement appointment under § 4706

Election / polling place / role: [________________________________]

Service dates and hours: [________________________________]

3. CRITICAL-NEED GATE

Section 4709 does not provide its protection to an employee in a critical need position. Review whether the position is in:

• ☐ Public safety
• ☐ Corrections
• ☐ Transportation
• ☐ Health care
• ☐ Utilities
• ☐ A small business employing 20 or fewer persons total
• ☐ Another position necessary for the business or industry to operate on election day
• ☐ None of the above after HR or counsel review

Coverage conclusion and reviewer: [________________________________]

4. VACATION-LEAVE REQUEST

The employee requests use of accrued, available vacation for election-officer service.

Requested vacation period: [________________________________]

Employee signature: __________________________ Date: ______________

5. DEPARTMENT CERTIFICATION

I certify that [EMPLOYEE] is appointed as an election officer for the service identified above.

Appointment type: ☐ Original ☐ Replacement

Required hours: [________________________________]

Department representative: ___________________ Date: ______________

Printed name / title / contact: [________________________________]

6. EMPLOYER RESPONSE

When the vacation and critical-need gates are satisfied, § 4709 prohibits deprivation of employment, threats, or coercion because the employee serves as an election officer on election day or otherwise serves under Chapter 47.

• ☐ Accrued vacation is available
• ☐ Position is not critical need
• ☐ Vacation request approved
• ☐ Critical-need or coverage review required
• ☐ Counsel review required

Employer representative: _____________________ Date: ______________

Decision delivered: [DATE / METHOD]

7. COMPLIANCE RECORD

Section 4709 supplies criminal-contempt consequences and a 90-day Superior Court civil route after a prohibited discharge for lost wages, reinstatement, and a reasonable attorney fee.

Issue and response: [________________________________]

OFFICIAL SOURCE VERIFIED

• Delaware Code Online — Title 15, Chapter 47