Enacted Law:
S.B. 248 - Recently a military leave provision was created for state employees. Delaware has enacted legislation to ensure that state employees who are called to active military duty, whether or not through federal action, continue to receive their state compensation less any military compensation they may receive (Ch. 234 (S. 248), L. 2005).
 
S.B. 138 - Use of Social Security numbers on insurance cards. Effective January 12, 2006, it is unlawful for a group insurer to use an individual's Social Security number as the identification number on a health insurance card (S. 138, L. 2005).
 
Pending Law:
Benefits / Prescriptions
H.B. 39 – Status - Hearing held and amended in committee June 16. Current version requires health insurers to cover the amended in cost of prescriptions as ordered by an insured's doctor, even if a substitute drug exists, when the doctor justifies the need for the drug, as prescribed. The justification form will be created by the Medical Society of Delaware and representatives of the insurance industry and must be in use by January 1, 2006.
 
Employment Discrimination
H.B. 188 – Status - Carried over to the 2006 session. Provides that no person shall be required, as a condition or 2006 session continuation of employment, to become or remain a member of a labor organization, pay any dues, fees, assessments, or other similar charges, however denominated, of any kind or amount to a labor organization. Requires that no person be required to pay to any charity or other third party, in lieu of such payments, any amount equivalent to or pro rata portion of dues, fees, assessments, or other charges required of members of a labor organization. Creates a right-to-work law in Delaware.
 
Wage and Hour
S.B. 62 –Increases the minimum wage from $6.15 per hour to $6.65 per hour effective January 1, 2006, and from $6.65 per hour to $7.15 per hour effective January 1, 2007.
 
Bereavement Leave
S.B. 266 - Intent: to amend Title 14 of the Delaware Code relative to Compassionate Leave. It would clarify that grand parents are to be considered members of the employee's immediate family and would consider grand parent -in laws or any friend who resides in the employee's household as a near relative. Status: Introduced in the General Assembly and in the Finance Committee at present. Impact: may have more to do with bereavement leave than family leave. So company's bereavement leave policies may be impacted.
 
Unemployment Compensation
H.B. 419- Introduced on 5/31/2006 to amend title 19 of the Delaware Code Relating to Unemployment Compensation. Section 1 of this bill removes the cap on increases in the "state experience factor". The calculation of the state experience factor (total benefits paid from the UI Trust Fund during the most recent three completed experience years divided by the total of the benefit wages of all employers during the same three years) is its actual calculated level, instead of having any increase in the state experience factor limited by a cap.

The state experience factor determines what line on the UI tax rate schedule is used in a given calendar year for employer unemployment insurance tax rate determination. Section 2 provides a tax rate table with an expanded "state experience factor" range.  Section 3 provides that the removal of the cap on increases in the "state experience factor" is effective for the tax rate determination process for calendar year 2007 and all calendar years thereafter. Section 4 provides that the tax table with an expanded "state experience factor" range is effective for the tax rate determination process for calendar year 2007 and all calendar years thereafter. Current Status: Out of Committee as of 6/14/06.