(a) A covered individual may take covered leave on an intermittent or reduced leave schedule in which all of the leave authorized under this chapter is not taken sequentially. Intermittent or reduced leave may be taken only when medically necessary and supported by documentation as required by the certification requirements under § 3702 of this title. Family and medical leave benefits for intermittent or reduced leave schedules must be prorated.
(b) The covered individual shall provide the employer with prior notice of the schedule on which the covered individual will take the covered leave, to the extent practicable. Covered leave taken under this section may not result in a reduction of the total amount of leave to which an employee is entitled beyond the amount of leave actually taken.
(c) Nothing in this section is to be construed to entitle a covered individual to more leave than required under § 3703 of this this title.
Structure Delaware Code
Chapter 37. Family and Medical Leave Insurance Program
§ 3702. Eligibility for benefits; serious health condition; certification or documentation of leave.
§ 3706. Reduced leave schedule.
§ 3707. Leave and employment protection.
§ 3708. Retaliatory personnel actions prohibited.
§ 3709. Coordination of benefits.
§ 3712. Erroneous payments; disqualification for benefits.
§ 3713. Family and Medical Leave Insurance Program.
§ 3714. Federal and state income tax.
§ 3715. Family and Medical Leave Insurance Account Fund; establishment and investment.
§ 3717. Small business opt-in.