Subchapter II. Compensation Benefits; Determination and Payment
§ 3311. Extent of benefits; liability of State or Department.
Benefits shall be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys
are available therefor to the credit of the Unemployment Compensation Fund and neither the State nor the Department shall
be liable for any amount in excess of such sums.
41 Del. Laws, c. 258, § 23; 19 Del. C. 1953, § 3311; 57 Del. Laws, c. 669, § 5B.;
§ 3312. Benefit payments under regulations of Department.
All benefits shall be paid through employment offices, in accordance with such regulations as the Department prescribes.
41 Del. Laws, c. 258, § 3; 45 Del. Laws, c. 267, § 5; 19 Del. C. 1953, § 3312; 57 Del. Laws, c. 669, § 5B.;
§ 3313. Wages defined; weekly benefit amount; total annual amount of benefits; child support obligations.
(a) As used in this section "wages" means wages for employment by employers for benefit purposes with respect to any benefit
year only if such benefit year begins subsequent to the date on which the employer by whom such wages were paid has satisfied
the conditions of subdivision (8) of § 3302 of this title or § 3343 of this title with respect to becoming an employer.
(b) An individual's weekly benefit amount, for claims filed for weeks of unemployment beginning July 1, 1983, shall be an
amount equal to 1/78 of the individual's total wages for employment by employers paid during the 3 quarters of the individual's
base period in which such wages were highest. If such weekly benefit amount is not an even dollar amount, it shall be rounded
down to the next whole dollar. The minimum and maximum weekly benefit amount shall be determined in accordance with the following:
(1) For the period beginning July 1, 1983, and ending June 30, 1985, the amount shall not be less than $20 nor more than $165.
(2) For the period beginning July 1, 1985, and ending June 30, 1986, the amount shall not be less than $20 nor more than $195.
(3) For the period beginning July 1, 1986, and ending June 30, 1987, the amount shall not be less than $20 nor more than $205.
(4) For the period beginning July 1, 1987, and ending December 31, 1987, the amount shall not be less than $20 nor more than
$205.
(5) Computations for each increase in the maximum weekly benefit amount shall commence with new claims filed to establish
a benefit year commencing on or after the effective date of such increase.
(c) For claims establishing a benefit year beginning January 1, 1988, and thereafter, with respect to which the Unemployment
Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to
or greater than $90 million as of the preceding September 30, an individual's weekly benefit amount shall be an amount equal
to 1/46 of the individual's total wages for employment by employers paid during the 2 quarters of the individual's base period
in which such wages were highest. If such weekly benefit amount is not an even dollar amount, it shall be rounded down to
the next whole dollar. The amount shall not be less than $20 nor more than $205. Computations for any change in the maximum
weekly benefit amount shall commence with new claims filed to establish a benefit year effective on or after January 1 of
each year.
(d) For claims establishing a benefit year beginning January 1, 1988, and thereafter, with respect to which the Unemployment
Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than
$90 million as of the preceding September 30, and individual's weekly benefit amount shall be an amount equal to 1/52 of the
individual's total wages for employment by employers paid during the 2 quarters of the individual's base period in which such
wages were highest. If such weekly benefit amount is not an even amount, it shall be rounded down to the next whole dollar.
The amount shall not be less than $20 nor more than $205. Computations for any change in the maximum weekly benefit amount
shall commence with new claims filed to establish a benefit year effective on or after January 1 of each year.
(e) For claims establishing a benefit year beginning January 1, 1990, and thereafter, an individual's weekly benefit amount
shall be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the
Unemployment Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less
than $20 nor more than $225 unless the Unemployment Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $90 million. When the Unemployment Insurance Trust
Fund balance is less than $90 million, the maximum weekly benefit amount shall be no more than $205. Computation for any
change in the maximum weekly benefit amount shall commence with new claims filed to establish a benefit year on or after January
1 of each year.
(f) For claims establishing a benefit year beginning July 1, 1991, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the Unemployment
Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20
nor more than $245 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $150 million. When the Unemployment Insurance Trust
Fund balance is less than $150 million, but equal to or greater than $90 million, the maximum weekly benefit amount shall
be no more than $225. and when the Unemployment Insurance Trust Fund balance is less than $90 million, the maximum weekly
benefit amount shall be no more than $205. Computation for any change in the maximum weekly benefit amount shall commence
with new claims filed to establish a benefit year on or after January 1 of each year.
(g) For claims establishing a benefit year beginning July 1, 1993, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or (d) of this section as determined by the balance in the Unemployment Insurance
Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20 nor more than
$265 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary
of Labor, as of the preceding September 30, is less than $165 million. When the Unemployment Insurance Trust Fund balance
is less than $165 million, but equal to or greater than $150 million, the maximum weekly benefit amount shall be no more than
$245. When the Unemployment Insurance Trust Fund balance is less than $150 million, but equal to or greater than $90 million,
the maximum weekly benefit amount shall be no more than $225. When the Unemployment Insurance Trust Fund balance is less than
$90 million, the maximum weekly benefit amount shall be no more than $205. Computation of any change in the maximum weekly
benefit amount shall commence with new claims filed to establish a benefit year on or after January 1 of each year.
(h) For claims establishing a benefit year beginning July 1, 1995, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the Unemployment
Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20 nor
more than $300 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $200 million. When the Unemployment Insurance Trust
Fund balance is less than $200 million, but equal to or greater than $165 million, the maximum weekly benefit amount shall
be no more than $265. When the Unemployment Insurance Trust Fund balance is less than $165 million, but equal to or greater
than $150 million, the maximum weekly benefit amount shall be no more than $245. When the Unemployment Insurance Trust Fund
balance is less than $150 million, but equal to or greater than $90 million, the maximum weekly benefit amount shall be no
more than $225. When the Unemployment Insurance Trust Fund balance is less than $90 million, the maximum weekly benefit amount
shall be no more than $205. Computation for any change in the maximum weekly benefit amount shall commence with new claims
filed to establish a benefit year on or after January 1 of each year.
(i) For claims establishing a benefit year beginning July 1, 1999, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the Unemployment
Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20 nor
more than $315 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $250 million. When the Unemployment Insurance Trust
Fund balance is less than $250 million, but equal to or greater than $200 million, the maximum weekly benefit amount shall
be no more than $300. When the Unemployment Insurance Trust Fund balance is less than $200 million, but equal to or greater
than $165 million, the maximum weekly benefit amount shall be no more than $265. When the Unemployment Insurance Trust Fund
balance is less than $165 million, but equal to or greater than $150 million, the maximum weekly benefit amount shall be no
more than $245. When the Unemployment Insurance Trust Fund balance is less than $150 million, but equal to or greater than
$90 million, the maximum weekly benefit amount shall be no more than $225. When the Unemployment Insurance Trust Fund balance
is less than $90 million, the maximum weekly benefit amount shall be no more than $205. Computation for any change in the
maximum weekly benefit amount shall commence with new claims filed to establish a benefit year on or after January 1 of each
year.
(j) For claims establishing a benefit year beginning January 1, 2002, and thereafter, an individual's weekly benefit amount
shall be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the
Unemployment Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less
than $20 nor more than $330 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment
Insurance to the Secretary of Labor, as of the preceding September 30, is less than $275 million. When the Unemployment Insurance
Trust Fund is less than $275 million, but equal to or greater than $250 million, the maximum weekly benefit amount shall be
no more than $315. When the Unemployment Insurance Trust Fund balance is less than $250 million, but equal to or greater than
$200 million, the maximum weekly benefit amount shall be no more than $300. When the Unemployment Insurance Trust Fund balance
is less than $200 million, but equal to or greater than $165 million, the maximum weekly benefit amount shall be no more than
$265. When the Unemployment Insurance Trust Fund balance is less than $165 million, but equal to or greater than $150 million,
the maximum weekly benefit amount shall be no more than $245. When the Unemployment Insurance Trust Fund balance is less than
$150 million, but equal to or greater than $90 million, the maximum weekly benefit amount shall be no more than $225. When
the Unemployment Insurance Trust Fund balance is less than $90 million, the maximum weekly benefit amount shall be no more
than $205. Computation for any change in the maximum weekly benefit amount shall commence with new claims filed to establish
a benefit year on or after January 1 of each year.
(k) Notwithstanding any other provisions in this section, for claims establishing a benefit year beginning January 1, 2004,
and thereafter, an individual's weekly benefit amount shall be an amount equal to 1/46th of the individual's total wages for
employment by employers paid during the 2 quarters of the individual's base period in which such wages were highest. If such
weekly benefit amount is not an even dollar amount, it shall be rounded down to the next whole dollar. The amount shall not
be less than $20 nor more than $330.
(l) The Unemployment Compensation Advisory Council as defined in § 3107 of this title shall meet not less than every 2 years
to review and make recommendations regarding the maximum weekly benefit amount. The Council's final recommendations shall
be submitted to the Director of Unemployment Insurance by May 15 of the year in which the Council has met.
(m) Each eligible individual who is unemployed in any week shall be paid with respect to such week a sum equal to the individual's
weekly benefit amount less that part of the wages (if any) payable to the individual with respect to such week which exceeds
whichever is the greater of $10 or 50% of the individual's weekly benefit amount. Such sum, if not an even dollar, shall be
rounded down to the next whole dollar. Wages do not have to be paid to be considered payable.
(n) Any eligible individual who filed a claim for benefits for weeks of unemployment prior to July 1975 shall be entitled
during any benefit year to a total amount of benefits equal to whichever is the lesser of (i) 26 times the individual's weekly
benefit amount, or (ii) 47 percent of the individual's wages for employment by employers paid during the individual's base
period. If such amount is not an even dollar, it shall be raised to the next whole dollar. In no event shall the maximum total
amount be less than 11 times the weekly benefit amount.
(o) Any eligible individual who files a claim for benefits for weeks of unemployment beginning July, 1975, and thereafter
shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of (i) 26 times the
individual's weekly benefit amount or (ii) 50 percent of the individual's wages for employment by employers paid during the
individual's base period. If such amount is not an even dollar, it shall be rounded down to the next whole dollar.
(p) Any otherwise eligible individuals shall be paid with respect to any week a benefit amount equal to the individual's weekly
benefit amount less that part of a retirement pension or annuity, if any, received by the individual or for which the individual
is eligible under a private pension plan which is financed entirely by a base period employer of such employee, and which
is in excess of the weekly benefit amount for which the individual is eligible under this chapter. If there is employee participation
in financing a pension plan, such deduction shall be reduced in the same proportion as the employee's contribution to the
pension bears to the total pension amount. If such retirement pension or annuity payment deductible under this subsection
is received on other than a weekly basis, the amount thereof shall be allocated and prorated in accordance with such regulation
as the Department shall prescribe. This subsection shall apply only to any new claim filed after August 9, 1961.
The weekly benefit amount payable to an individual for any week which begins after March 31, 1980, and which begins in a period
with respect to which such individual is receiving or is eligible to receive a governmental or other pension, retirement or
retired pay, annuity or any other similar periodic payment which is based on the previous work of such individual or which
begins in a period with respect to which such individual is receiving or is eligible for sickness disability or workers' compensation
benefits shall be reduced (but not below 0) by the sum of the prorated weekly amount of such pension, retirement or retired
pay, annuity or other payment and the prorated weekly amount of such disability or worker's compensation benefits payment
which is reasonably attributable to such work; provided that, in the case of the pension retirement or retired pay, annuity
or other payment, if the provisions of the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.] permit:
(1) The requirements of this paragraph shall only apply in the case of a pension, retirement or retired pay, annuity or other
similar periodic payment under a plan maintained (or contributed to) by a base period or chargeable employer (as determined
under this act);
(2) The amount of any such reduction shall be determined taking into account contributions made by the individual for the
pension, retirement or retired pay, annuity or other similar periodic payment;
(3) In the case of a payment in the form of a pension, annuity, retirement or retired payment paid to an individual under
the Social Security Act [42 U.S.C. § 301 et seq.] or the Railroad Retirement Act of 1974 [45 U.S.C. § 231 et seq.], the individual's
contribution shall be taken into consideration and the weekly benefit amount payable to said individual for any week which
begins after July 1, 1997, shall be reduced by 25% of the individual's weekly benefit amount under the Social Security Act
or the Railroad Retirement Act of 1974;
(4) In the case of a payment in the form of a pension, annuity, retirement or retired payment paid to an individual under
the Social Security Act (42 U.S.C. § 301 et seq.), or the Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.), the individual's
contribution shall be taken into consideration and the weekly benefit amount payable to said individual for any week which
begins after January 1, 1999, shall not be reduced.
(5) Any overpayment which may result from the retroactive application of this paragraph may, at the discretion of the Secretary
of Labor, be waived.
(q)(1) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether
or not the individual owes child support obligations as defined under paragraph (7) of this subsection. If any such individual
discloses that the individual owes child support obligations, and is determined to be eligible for unemployment compensation,
the Department shall notify the state or local child support enforcement agency enforcing such obligation that the individual
has been determined to be eligible for unemployment compensation.
(2) The Department shall deduct and withhold from any unemployment compensation payable to an individual that owes child support
obligations as defined under paragraph (7) of this subsection:
a. The amount specified by the individual to the Department to be deducted and withheld under this paragraph, if neither subparagraph
b. nor c. of this paragraph is applicable;
b. The amount (if any) determined pursuant to an agreement submitted to the Department under § 454(19)(B)(i) of the Social
Security Act [42 U.S.C. § 654(19)(B)(i)] by the state or local child support enforcement agency, unless subparagraph c. of
this paragraph is applicable; or
c. Any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process
(as that term is defined in § 459(i)(5) of the Social Security Act [42 U.S.C. § 659(i)(5)]) properly served upon the Department.
(3) Any amount deducted and withheld under paragraph (2) of this subsection shall be paid by the Department to the appropriate
state or local child support enforcement agency.
(4) Any amount deducted and withheld under paragraph (2) of this subsection shall for all purposes be treated as if it were
paid to the individual as unemployment compensation and paid by such individual to the state or local child support enforcement
agency in satisfaction of the individual's child support obligations.
(5) For purposes of paragraphs (1) through (4) of this subsection, the term "unemployment compensation" means any compensation
payable under this chapter (including amounts payable by the Department pursuant to an agreement under any federal law providing
for compensation, assistance or allowances with respect to unemployment).
(6) This subsection applies only if appropriate arrangements have been made for reimbursement by the state or local child
support enforcement agency for the administrative costs incurred by the Department under this subsection which are attributable
to child support obligations being enforced by the state or local child support enforcement agency.
(7) The term "child support obligation" is defined for purposes of these provisions as including only obligations which are
being enforced pursuant to a plan described in § 454 of the Social Security Act [42 U.S.C. § 654] which has been approved
by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act [42 U.S.C. § 651 et seq.].
(8) The term "state or local child support enforcement agency" as used in these provisions means any agency of a state or
a political subdivision thereof operating pursuant to a plan described in paragraph (7) of this subsection.
(r)(1) An individual filing a new claim for unemployment compensation shall, at the time of filing such claims, disclose whether
or not that individual owes an uncollected overissuance (as defined in § 13(c)(1) of the Food Stamp Act of 1977 [7 U.S.C.
§ 2022]) of food stamp coupons. The Department shall notify the state food stamp agency enforcing such obligation of any individual
who discloses that the individual owes a food stamp coupon obligation and who is determined to be eligible for unemployment
compensation.
(2) The Department shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected
overissuance of food stamp coupons:
a. The amount specified by the individual to the Department to be deducted and withheld under this paragraph, if neither subparagraph
b. nor subparagraph c. of this paragraph is applicable;
b. The amount (if any) determined pursuant to an agreement submitted to the Department by the state food stamp agency under
§ 13(c)(3)(A) of the Food Stamp Act of 1977 [7 U.S.C. § 2022], unless subparagraph (c) of this paragraph is applicable; or
c. Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to § 13(c)(3)(B) of the
Food Stamp Act of 1977 [7 U.S.C. § 2022].
(3) Any amount deducted and withheld under paragraph (2) of this subsection shall be paid by the Department to the appropriate
state food stamp agency.
(4) Any amount deducted and withheld under paragraph (2) shall for all purposes be treated as if it were paid to the individual
as unemployment compensation and paid by such individual to the state food stamp agency as repayment of the individual's uncollected
overissuance of food stamp coupons.
(5) For purposes of paragraph (1) through (4) of this subsection, the term "unemployment compensation" means any compensation
payable under this chapter, including amounts payable by the Department pursuant to an agreement under any federal law providing
for compensation, assistance or allowances with respect to unemployment.
(6) This subsection applies only if arrangements have been made for reimbursement by the state food stamp agency for the administrative
costs incurred by the Department under this subsection which are attributable to the repayment of uncollected overissuance
of food stamp coupons to the state food stamp agency.
(7) The term "state food stamp agency," as used in these provisions, means any agency described in § 3(n)(1) of the Food Stamp
Act of 1977 [7 U.S.C. § 2012] which administers the food stamp program established under such act.
41 Del. Laws, c. 258, § 3; 42 Del. Laws, c. 196, §§ 7-9; 43 Del. Laws, c. 281, § 3; 44 Del. Laws, c. 207, § 2; 45 Del. Laws, c. 267, § 5; 47 Del. Laws, c. 185, §§ 1, 2; 19 Del. C. 1953, § 3313; 50 Del. Laws, c. 117, §§ 2, 3; 51 Del. Laws, c. 343; 53 Del. Laws, c. 158, §§ 2-4; 55 Del. Laws, c. 358, § 1; 57 Del. Laws, c. 521, §§ 2-4; 57 Del. Laws, c. 669, § 5B; 59 Del. Laws, c. 162, § 1; 60 Del. Laws, c. 138, § 2; 61 Del. Laws, c. 186, §§ 15, 33; 62 Del. Laws, c. 163, § 1; 62 Del. Laws, c. 287, § 1; 63 Del. Laws, c. 76, § 3; 63 Del. Laws, c. 427, § 6; 64 Del. Laws, c. 91, § 7; 64 Del. Laws, c. 114, §§ 2, 3; 64 Del. Laws, c. 272, § 1; 65 Del. Laws, c. 45, § 2; 65 Del. Laws, c. 179, § 1; 66 Del. Laws, c. 72, §§ 2-7; 67 Del. Laws, c. 119, §§ 3, 4; 68 Del. Laws, c. 104, §§ 1, 2; 69 Del. Laws, c. 89, §§ 1, 2; 70 Del. Laws, c. 46, §§ 5, 6; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 28, § 1; 71 Del. Laws, c. 146, §§ 1, 2; 71 Del. Laws, c. 147, § 2; 71 Del. Laws, c. 392, §§ 1, 2; 71 Del. Laws, c. 404, §§ 1, 2; 72 Del. Laws, c. 103, §§ 1, 2; 73 Del. Laws, c. 209, §§ 1, 2; 74 Del. Laws, c. 143, §§ 1, 2.;
§ 3314. Disqualification for benefits.
An individual shall be disqualified for benefits:
(1) For the week in which the individual left work voluntarily without good cause attributable to such work and for each week
thereafter until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned
wages in covered employment equal to not less than 4 times the weekly benefit amount. However, if an individual has left work
involuntarily because of illness, no disqualification shall prevail after the individual becomes able to work and available
for work and meets all other requirements under this title, but the Department shall require a doctor's certificate to establish
such availability or if an individual has left work due to circumstances directly resulting from the individual's experience
of domestic violence, as that term is defined in § 703A(a) of Title 13, no disqualification shall prevail. An individual's
leaving work shall be treated as due to circumstances directly resulting from the individual's experience of domestic violence
if the leaving work resulted from: (i) the individual's reasonable fear of future domestic violence at or en route to or from
the individual's place of employment; (ii) the individual's wish to relocate to another geographic area in order to avoid
future domestic violence against the individual or the individual's spouse, child under the age of 18, or parent; or (iii)
any other circumstance in which domestic violence causes the individual to reasonably believe that leaving work is necessary
for the future safety of the individual or the individual's spouse, child under the age of 18, or parent. When determining
whether an individual has experienced domestic violence for compensation purposes, the Division shall require the individual
to provide documentation to the Division of the domestic violence involved, such as a police or court record, or documentation
of the domestic violence from a shelter worker, attorney, member of the clergy or medical or other professional from whom
the employee has sought assistance in addressing domestic violence and its effects. All evidence of domestic violence experienced
by an individual, including the individual's statement and any corroborating evidence shall not be disclosed by the Division
of Unemployment Insurance unless consent for disclosure is given by the individual. Wage credits earned in such work, if from
employment under this title in the employ of any employer liable for assessments under § 3348 of this title, shall not constitute
employer's benefit wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in
lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title when an individual
becomes eligible for benefits upon separation from a subsequent employer. An individual who becomes unemployed solely as the
result of completing a period of employment that was of a seasonal, durational, temporary or casual duration will not be considered
as a matter of law to have left work voluntarily without good cause attributable to such work solely on the basis of the duration
of such employment.
An individual who, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits
the waiver of the right to retain employment when there is a temporary layoff due to lack of work, has elected to be separated
for a temporary period not to exceed 30 calendar days and the employer has consented thereto will not be considered to have
left work voluntarily without good cause attributable to such work.
An individual, who quits work in order to accompany that individual's spouse to a place from which it is impractical for such
individual to commute and due to a change in location of that individual's spouse's employment, will not be considered to
have left work voluntarily without good cause attributable to such work. Wage credits earned in such work, if from employment
under this title in the employ of any employer liable for assessments under § 3348 of this title, shall not constitute employer's
benefits wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments
shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title when an individual becomes eligible
for benefits upon separation from a subsequent employer.
An individual, who quits work to care for that individual's spouse, child under the age of 18, or parent with a verified illness
or disability, will not be considered to have left work voluntarily without good cause attributable to such work. For the
purposes of this paragraph, a "verified illness or disability" is defined as one that necessitates the care of the individual's
ill or disabled spouse, child under the age of 18, or parent that lasts longer than the individual's employer is willing to
grant leave for. Wage credits earned in such work, if from employment under this title in the employ of any employer liable
for assessments under § 3348 of this title, shall not constitute employer's benefits wages in connection with §§ 3349-3356
of this title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation
Fund in accordance with § 3345 of this title when an individual becomes eligible for benefits upon separation from a subsequent
employer.
(2) For the week in which the individual was discharged from the individual's work for just cause in connection with the individual's
work and for each week thereafter until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive)
and has earned wages in covered employment equal to not less than 4 times the weekly benefit amount. Wage credits earned in
such work, if from employment under this title in the employ of any employer liable for assessments under § 3348 of this title,
shall not constitute employer's benefits wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement
payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title
when an individual becomes eligible for benefits upon separation from a subsequent employer.
An individual, who is discharged from work because the individual has provided notice to that individual's employer of the
intent to quit work to accompany that individual's spouse to a place from which it is impractical for such individual to commute
and due to a change in location of the individual's spouse's employment, will not be considered to have been discharged from
work for good cause attributable to such work. Wage credits earned in such work, if from employment under this title in the
employ of any employer liable for assessments under § 3348 of this title, shall constitute employer's benefits wages in connection
with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the
Unemployment Compensation Fund in accordance with § 3345 of this title.
An individual, who is discharged from work because the individual is providing care for that individual's spouse, child under
the age of 18, or parent with a verified illness or disability, will not be considered to have been discharged from work for
good cause attributable to such work. For the purposes of this paragraph, a "verified illness or disability" is defined as
one that necessitates the care of the individual's ill or disabled spouse, child under the age of 18, or parent that lasts
longer than the individual's employer is willing to grant leave for. Wage credits earned in such work, if from employment
under this title in the employ of any employer liable for assessments under § 3348 of this title, shall constitute employer's
benefits wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments
shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title.
An individual, who is discharged from work due to circumstances directly resulting from the individual's experience of domestic
violence, as that term is defined in § 703A (a) of Title 13, will not be considered to have been discharged from work for
good cause attributable to such work. An individual's discharge from work shall be treated as due to circumstances directly
resulting from the individual's experience of domestic violence if: (i) the individual had reasonable fear of future domestic
violence at or en route to or from the individual's place of employment; (ii) the individual relocated to another geographic
area in order to avoid future domestic violence against the individual or the individual's spouse, child under the age of
18, or parent; or (iii) any other circumstance in which domestic violence causes the individual to reasonably believe that
absence from work is necessary for the future safety of the individual or the individual's spouse, child under the age of
18, or parent. When determining whether an individual has experienced domestic violence for compensation purposes, the Division
shall require the individual to provide documentation to the Division of the domestic violence involved, such as a police
or court record, or documentation of the domestic violence from a shelter worker, attorney, member of the clergy or medical
or other professional from whom the employee has sought assistance in addressing domestic violence and its effects. All evidence
of domestic violence experienced by an individual, including the individual's statement and any corroborating evidence shall
not be disclosed by the Division of Unemployment Insurance unless consent for disclosure is given by the individual. Wage
credits earned in such work, if from employment under this title in the employ of any employer liable for assessments under
§ 3348 of this title, shall constitute employer's benefits wages in connection with §§ 3349-3356 of this title. Any employer
liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance
with § 3345 of this title.
(3) If the individual has refused to accept an offer of work for which the individual is reasonably fitted or has refused
to accept a referral to a job opportunity when directed to do so by a local employment office of this State or another state,
and the disqualification shall begin with the week in which the refusal occurred and shall continue for each week thereafter
until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in
covered employment equal to not less than 4 times the weekly benefit amount; provided that no individual shall be disqualified
under this subdivision for refusing to accept an offer of work or a referral while the individual is attending a vocational
training course approved by the Department if the acceptance of such offer or referral would prevent the individual from completing
the course. No individual otherwise qualified to receive benefits shall lose the right to benefits by reason of a refusal
to accept a referral or new work if:
a. As a condition of being so employed, the individual would be required by the employer to join a company union or would
be required by the employer to resign from or refrain from joining any bona fide labor organization or would be denied the
right by the employer to retain membership in and observe the lawful rules of any such organization;
b. The position offered is vacant due directly to a strike, lockout or other labor dispute;
c. The work is at an unreasonable distance from the individual's residence, having regard to the character of the work the
individual has been accustomed to do, and travel to the place of work involves expenses substantially greater than that required
for the individual's former work;
d. The remuneration, hours or other conditions of the work offered are substantially less favorable to the individual than
those prevailing for similar work in the locality; or
e. The referral or offer was for full-time work and the individual is permitted to seek only part-time work under the provisions
of § 3315(3) of this title.
(4) For any week with respect to which the Department finds that the individual's total or partial unemployment is due to
a stoppage of work which exists because of a labor dispute (other than a lockout) at the factory, establishment or other premises
at which the individual is or was last employed. For purposes of this subsection, a lockout exists when:
a. The contract between the employing unit and the individual's bona fide labor organization has expired and contract negotiations
are continuing;
b. The individual, through a bona fide labor organization, has offered to continue working for a reasonable time under the
preexisting terms and conditions of employment so as to avert a work stoppage pending the final settlement of the contract
negotiations; and
c. The employing unit has refused to permit work to continue and maintain the status quo for a reasonable time pending further
negotiations.
(5) For any week with respect to which or a part of which the individual has received or is seeking unemployment benefits
under an unemployment compensation law of another state or of the United States, but if the appropriate agency of such other
state or of the United States finally determines that the individual is not entitled to such unemployment benefits, this disqualification
shall not apply.
(6) If the Department determines such individual has made a false statement or representation knowing it to be false or knowingly
has failed to disclose a material fact to obtain benefits to which the individual was not lawfully entitled, and such disqualification
shall be for a period of 1 year beginning with the date on which the first false statement, false representation or failure
to disclose a material fact occurred. A disqualification issued pursuant to this subsection shall be considered a disqualification
due to fraud.
(7) For any week with respect to which the Department finds that the individual has become unemployed by reason of commitment
upon conviction and sentencing to any penal institution and for each week thereafter until the individual has been employed
in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in covered employment equal to not less than
4 times the weekly benefit amount. Wage credits earned in the individual's most recent employment prior to such commitment,
if from employment under this title in the employ of any employer liable for assessments under § 3348 of this title, shall
not constitute employer's benefit wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement
payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title
when an individual becomes eligible for benefits upon separation from a subsequent employer.
(8) If it shall be determined by the Department that total or partial unemployment is due to the individual's inability to
work. Such disqualification to terminate when the individual becomes able to work and available for work as determined by
a doctor's certificate and meets all other requirements under this title.
(9) Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating
in sports or athletic events or training or preparing to so participate, for any week which commences during the period between
2 successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or
similar periods) and there is a reasonable assurance that such individual will perform such services in the latter of such
seasons (or similar periods).
(10)a. Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was
lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing
such services or was permanently residing in the United States under color of law at the time such services were performed,
including an alien who was lawfully present in the United States as a result of the application of § 212(d)(5) [8 U.S.C. §
1182(d)(5)] of the Immigration and Nationality Act.
b. Any data or information required of individuals applying for benefits to determine whether benefits are not payable to
them because of their alien status shall be uniformly required from all applicants for benefits.
c. In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits
to such individual are not payable because of the individual's alien status shall be made except upon a preponderance of the
evidence.
(11)a. Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for
any week because the individual is in training, approved under § 236(a)(1) of the Trade Act of 1974 [19 U.S.C. § 2296(a)(1)],
nor shall such individual be denied benefits by reason of leaving work to enter such training, provided the work left is not
suitable employment, or because of the application to any such week in training of provisions in this law (or any applicable
federal unemployment compensation law), relating to availability for work, active search for work or refusal to accept work.
b. For purposes of this subdivision, the term "suitable employment" means, with respect to an individual, work of a substantially
equal or higher skill level than the individual's past adversely affected employment (as defined for purposes of the Trade
Act of 1974), and wages for such work at not less than 80 percent of the individual's average wage as determined for the purposes
of the Trade Act of 1974.
41 Del. Laws, c. 258, § 5; 42 Del. Laws, c. 196, §§ 13-16; 43 Del. Laws, c. 280, §§ 6-9; 44 Del. Laws, c. 207, § 6; 46 Del. Laws, c. 162, §§ 4-7; 19 Del. C. 1953, § 3315; 50 Del. Laws, c. 49, § 1; 50 Del. Laws, c. 115, §§ 5, 6; 53 Del. Laws, c. 32, §§ 1, 2; 53 Del. Laws, c. 79, § 1; 53 Del. Laws, c. 357, § 2; 57 Del. Laws, c. 669, § 5B; 58 Del. Laws, c. 518; 61 Del. Laws, c. 186, §§ 18-20; 61 Del. Laws, c. 452, § 6; 63 Del. Laws, c. 427, § 7; 65 Del. Laws, c. 514, §§ 1-5; 66 Del. Laws, c. 389, § 1; 67 Del. Laws, c. 318, § 1; 67 Del. Laws, c. 435, § 1; 68 Del. Laws, c. 143, § 1; 68 Del. Laws, c. 247, §§ 1-3; 68 Del. Laws, c. 421, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 311, § 1; 72 Del. Laws, c. 361, § 1; 74 Del. Laws, c. 306, §§ 1, 2; 77 Del. Laws, c. 71, §§ 2-8.;
§ 3315. Eligibility for benefits.
An unemployed individual shall be eligible to receive benefits with respect to any week only if the Department finds that
the individual:
(1) Has registered for work at and thereafter continued to report at an employment office in accordance with such regulations
as the Department prescribes, except that the Department may, by regulation, waive or alter either or both of the requirements
of this subdivision as to individuals attached to regular jobs and as to such other types of cases or situations with respect
to which it finds that compliance with such requirements would be oppressive or would be inconsistent with the purposes of
this chapter, but no such regulation shall conflict with § 3312 of this title;
(2) Has made a claim for benefits with respect to such week in accordance with such regulations as the Department prescribes;
(3) Is able to work and is available for work and is actively seeking work; provided, however, that an employee, not otherwise
disqualified or ineligible for benefits under the chapter, who is temporarily laid off for a period of not more than 45 calendar
days following the last day the employee worked, except that the period for those employees of employers who close down for
annual model changes or retooling shall be 63 calendar days, shall, during said period, be deemed to be available for work,
except that said employee shall be available to return to work upon 3 days notice of the employee's employer, and actively
seeking work if the employee's employer notified the Department in writing or the Department otherwise determines that such
layoff is temporary and that work is reasonably expected to be available for said employee within said period or within a
lesser period estimated by the employer, and the Department may, by regulation, waive or alter the requirements that such
individual be able to work, available for work and actively seeking work as to such types of cases or situations with respect
to which it finds that compliance with such requirements would be oppressive or would be inconsistent with the purpose of
this chapter. Provided further than an individual who has been involuntarily retired shall be entitled to receive benefits,
and the individual shall be required to be available only for the kind or type of work which is suitable for the individual
in view of individual's age, physical condition and other circumstances; but no claimant shall be considered ineligible in
any week of unemployment for failure to comply with this subdivision if such failure is due to an illness or disability which
occurs after the claimant has registered for work and no work which would have been considered suitable at the time of the
claimant's initial registration has been offered after the beginning of such illness or disability. The Department shall require
the submission of a doctor's certificate to establish the existence of such illness or disability, and, thereafter, the Department
shall require a doctor's certificate not less than once every 4 weeks to establish any continuation of such illness or disability.
Provided that no unemployed individual shall become ineligible for benefits solely because the individual regularly attends
a vocational training course which the Department has approved and which it continues from time to time to approve for the
individual. The Department may approve such course for an individual only if:
a. Reasonable employment opportunities for which the individual is fitted by training and experience do not exist in the locality
or are severely curtailed;
b. The training course relates to an occupation or skill for which there are expected to be in the immediate future reasonable
employment opportunities in the locality;
c. The training course is determined by the Department to be reasonably calculated to meet the purposes of this subdivision;
and
d. The individual, in the judgment of the Department, has the required qualifications and aptitudes to complete the course
successfully.
No individual shall be determined ineligible for the receipt of unemployment insurance benefits for any week in which they
are available for and seek only part-time work, if the majority of weeks of work in their base period were in part-time employment.
For purposes of this paragraph, "seeking only part-time work" is work meeting any 1 of the following conditions: (i) the individual
is willing to work at least 20 hours per week; (ii) the individual is available for a number of hours per week that are comparable
to the individual's part-time work in the base period; or (iii) the individual is available for hours that are comparable
to the individual's work at the time of the most recent separation from employment.
(4) Participates in reemployment services, such as job search assistance services, if the individual has been determined to
be likely to exhaust regular benefits and need reemployment services pursuant to a profiling system established by the Department,
unless the Department determines that:
a. The individual has completed such services; or
b. There is justifiable cause for the claimant's failure to participate in such services.
(5) No week shall be counted as a week of unemployment for the purposes of this subdivision:
a. Unless it occurs within the benefit year which includes the week with respect to which the individual claims payment of
benefits;
b. Unless the individual was eligible for benefits with respect thereto as provided in this section and § 3314 of this title,
except for the requirements of this subdivision and of subdivision (5) of § 3314 of this title;
(6)a. Has, during the individual's base period, been paid wages for employment equal to not less than 36 times the individual's
weekly benefit amount, and, as used in this subdivision, "wages" means wages for employment by employers for benefit purposes
with respect to any benefit year only if such benefit year begins subsequent to the date on which the employing unit by which
such wages were paid has satisfied the conditions of subdivision (8) of § 3302 of this title or § 3343 of this title with
respect to becoming an employer.
Any other provision of this subdivision notwithstanding, any otherwise eligible individual, the total amount of those wages
paid to the individual during the individual's base period is less than the amount required to have been received under this
subdivision, may be eligible to receive benefits if the difference between 36 times the individual's weekly benefit amount
and the total amount of the individual's wages during the individual's base period does not exceed $180, but the amount of
the individual's weekly benefit shall be reduced by $1 for each $36 or major fraction thereof by which the total amount of
the individual's base period wages is less than 36 times the individual's weekly benefit amount. In no event shall any such
individual be eligible for benefits if the total amount of wages paid to the individual during the individual's base period
was less than $360; however, for claims filed for weeks of unemployment beginning July 1, 1975, no such individual shall be
eligible for benefits if the total amount of wages paid the individual during the individual's base period was less than $720.
b. Wages paid to an individual prior to the date on which the individual filed a valid claim for benefits, but not paid until
after the base period for such claim, may be considered as wages in a subsequent base period, relating to a new benefit year,
only if subsequent to the date on which the individual filed such earlier valid claim such individual had become newly employed
and had been paid wages in such new employment equal to not less than 10 times the individual's new weekly benefit amount.
This paragraph shall apply to any new claim filed after August 9, 1961.
(7) Benefits based on service in employment defined in § 3302(10)(B)(iii) and (C) of this title shall be payable in the same
amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to
this title, except that:
a. With respect to weeks of unemployment beginning after December 31, 1977, benefits shall not be paid based on services in
an instructional, research or principal administrative capacity for an educational institution for any week of unemployment
commencing during the period between successive academic years or terms (or, when an agreement provides instead for a similar
period between 2 regular but not successive terms, during such period) to any individual if such individual performs such
services in the first of such academic years (or terms) and if there is a contract or a reasonable assurance that such individual
will perform service in any such capacity for any educational institution in the second of such academic years or terms.
b. With respect to weeks of unemployment beginning or ending after September 3, 1982, benefits shall not be paid on the basis
of services in any other capacity for an educational institution to any individual for any week which commences during a period
between 2 successive academic years or terms if such individual performs such services in the first of such academic years
or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic
years or terms, except that if compensation is denied to any individual under this paragraph and such individual was not offered
an opportunity to perform such services for the educational institution for the second of such academic years or terms, such
individual shall be entitled to a retroactive payment of compensation for each week of unemployment beginning after September
3, 1982, for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason
of this paragraph.
c. With respect to any services described in paragraphs a. and b. of this subdivision, compensation payable on the basis of
such services shall be denied to any individual for any week which commences during an established and customary vacation
period or holiday recess if such individual performs such services in the period immediately before such vacation period or
holiday recess and there is a reasonable assurance that such individual will perform such services in the period immediately
following such vacation period or holiday recess.
d. With respect to any services described in paragraphs a. and b. of this subdivision, compensation shall be denied as specified
in paragraphs a., b. and c. of this subdivision to any individual who performed such services in an educational institution
while in the employ of an educational service agency. For purposes of this paragraph the term "educational service agency"
means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing
such services to 1 or more educational institutions.
e. If the provisions of the Federal Unemployment Tax Act [26 U.S.C. §§ 3301-3311] permit, paragraphs a., b., c. and d. of
this subdivision shall apply to the minimum extent consistent with the Federal Unemployment Tax Act, and such application
shall be prescribed in regulations by the Secretary of Labor.
41 Del. Laws, c. 258, § 4; 42 Del. Laws, c. 196, § 12; 43 Del. Laws, c. 280, §§ 4, 5; 43 Del. Laws, c. 281, § 5; 44 Del. Laws, c. 207, § 5; 45 Del. Laws, c. 267, § 6; 46 Del. Laws, c. 162, § 3; 19 Del. C. 1953, § 3314; 50 Del. Laws, c. 50, § 1; 50 Del. Laws, c. 115, § 4; 53 Del. Laws, c. 158, § 5; 53 Del. Laws, c. 357, § 1; 54 Del. Laws, c. 79, § 1; 55 Del. Laws, c. 222; 55 Del. Laws, c. 358, § 2; 55 Del. Laws, c. 436; 58 Del. Laws, c. 143, § 6; 58 Del. Laws, c. 209; 58 Del. Laws, c. 522, §§ 16-18; 60 Del. Laws, c. 138, § 3; 61 Del. Laws, c. 186, §§ 16, 17; 61 Del. Laws, c. 452, §§ 2-5; 63 Del. Laws, c. 76, § 6; 64 Del. Laws, c. 114, § 4; 64 Del. Laws, c. 427, §§ 2, 3; 69 Del. Laws, c. 273, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 306, § 3; 77 Del. Laws, c. 71, § 9.;
(a) In the case of a claimant whose base period earnings represent 75 percent or more earnings received for seasonal employment,
benefits shall be payable in any benefit year in any given calendar month only if the claimant had been employed in the corresponding
month of the claim base period.
(b) As used in this section, "seasonal employment" means employment in a seasonal industry by an individual who has been engaged
in such industry during the claim base period and who, during the portion or portions of the year when such industry was not
in operation, was not engaged in any other work. No occupation or industry shall be deemed to provide seasonal employment
that is not part of the first processing of agricultural products and/or seafood products.
(c) For the purposes of this section, a week shall be considered to fall within a month if 4 or more days of the week fall
within such month. The limitations of this section shall not apply to the payment of benefits for partial employment.
66 Del. Laws, c. 392, § 1.;
§ 3317. Filing of claim for benefit; regulations of Department; posting.
(a) Claims for benefits shall be made in accordance with such regulations as the Department prescribes. Each employer shall
post and maintain printed statements of such regulations in places readily accessible to individuals in the employer's service
and shall make available to each such individual at the time the individual becomes unemployed a printed statement of such
regulations. Such printed statements shall be supplied by the Department to each employer without cost to the employer.
(b) Whenever an individual files a claim for benefits, the Department shall forward to the employer by whom the claimant was
most recently employed, hereafter the "last employer", and to each base period employer relating to the individual's claim
a separation notice. The last and base period employer(s) shall return such notices completed, indicating the reason for the
claimant's separation from work with them and the individual claimant's last date of work with them, within 7 days of the
date contained on the separation notice. Any last or base period employer who fails to timely return a separation notice or
who fails to complete a separation notice within the period prescribed above shall be barred from claiming subsequently that
the individual claimant to whom such separation notice applied shall be disqualified under any provisions of § 3314 of this
title and shall be barred from seeking relief from benefit wage charges to its experience merit rating account under §§ 3349-3356
of this title unless the Department for reasons found to constitute good cause, shall release such employer from the default.
If the last or base period employer fails to timely submit a completed separation notice, the Department shall not be required
to issue a determination on said claim or to make an examination of said claim or be required to follow the remaining procedures
as set forth in §§ 3318-3
Subchapter II. Compensation Benefits; Determination and Payment
§ 3311. Extent of benefits; liability of State or Department.
Benefits shall be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys
are available therefor to the credit of the Unemployment Compensation Fund and neither the State nor the Department shall
be liable for any amount in excess of such sums.
41 Del. Laws, c. 258, § 23; 19 Del. C. 1953, § 3311; 57 Del. Laws, c. 669, § 5B.;
§ 3312. Benefit payments under regulations of Department.
All benefits shall be paid through employment offices, in accordance with such regulations as the Department prescribes.
41 Del. Laws, c. 258, § 3; 45 Del. Laws, c. 267, § 5; 19 Del. C. 1953, § 3312; 57 Del. Laws, c. 669, § 5B.;
§ 3313. Wages defined; weekly benefit amount; total annual amount of benefits; child support obligations.
(a) As used in this section "wages" means wages for employment by employers for benefit purposes with respect to any benefit
year only if such benefit year begins subsequent to the date on which the employer by whom such wages were paid has satisfied
the conditions of subdivision (8) of § 3302 of this title or § 3343 of this title with respect to becoming an employer.
(b) An individual's weekly benefit amount, for claims filed for weeks of unemployment beginning July 1, 1983, shall be an
amount equal to 1/78 of the individual's total wages for employment by employers paid during the 3 quarters of the individual's
base period in which such wages were highest. If such weekly benefit amount is not an even dollar amount, it shall be rounded
down to the next whole dollar. The minimum and maximum weekly benefit amount shall be determined in accordance with the following:
(1) For the period beginning July 1, 1983, and ending June 30, 1985, the amount shall not be less than $20 nor more than $165.
(2) For the period beginning July 1, 1985, and ending June 30, 1986, the amount shall not be less than $20 nor more than $195.
(3) For the period beginning July 1, 1986, and ending June 30, 1987, the amount shall not be less than $20 nor more than $205.
(4) For the period beginning July 1, 1987, and ending December 31, 1987, the amount shall not be less than $20 nor more than
$205.
(5) Computations for each increase in the maximum weekly benefit amount shall commence with new claims filed to establish
a benefit year commencing on or after the effective date of such increase.
(c) For claims establishing a benefit year beginning January 1, 1988, and thereafter, with respect to which the Unemployment
Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to
or greater than $90 million as of the preceding September 30, an individual's weekly benefit amount shall be an amount equal
to 1/46 of the individual's total wages for employment by employers paid during the 2 quarters of the individual's base period
in which such wages were highest. If such weekly benefit amount is not an even dollar amount, it shall be rounded down to
the next whole dollar. The amount shall not be less than $20 nor more than $205. Computations for any change in the maximum
weekly benefit amount shall commence with new claims filed to establish a benefit year effective on or after January 1 of
each year.
(d) For claims establishing a benefit year beginning January 1, 1988, and thereafter, with respect to which the Unemployment
Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than
$90 million as of the preceding September 30, and individual's weekly benefit amount shall be an amount equal to 1/52 of the
individual's total wages for employment by employers paid during the 2 quarters of the individual's base period in which such
wages were highest. If such weekly benefit amount is not an even amount, it shall be rounded down to the next whole dollar.
The amount shall not be less than $20 nor more than $205. Computations for any change in the maximum weekly benefit amount
shall commence with new claims filed to establish a benefit year effective on or after January 1 of each year.
(e) For claims establishing a benefit year beginning January 1, 1990, and thereafter, an individual's weekly benefit amount
shall be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the
Unemployment Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less
than $20 nor more than $225 unless the Unemployment Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $90 million. When the Unemployment Insurance Trust
Fund balance is less than $90 million, the maximum weekly benefit amount shall be no more than $205. Computation for any
change in the maximum weekly benefit amount shall commence with new claims filed to establish a benefit year on or after January
1 of each year.
(f) For claims establishing a benefit year beginning July 1, 1991, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the Unemployment
Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20
nor more than $245 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $150 million. When the Unemployment Insurance Trust
Fund balance is less than $150 million, but equal to or greater than $90 million, the maximum weekly benefit amount shall
be no more than $225. and when the Unemployment Insurance Trust Fund balance is less than $90 million, the maximum weekly
benefit amount shall be no more than $205. Computation for any change in the maximum weekly benefit amount shall commence
with new claims filed to establish a benefit year on or after January 1 of each year.
(g) For claims establishing a benefit year beginning July 1, 1993, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or (d) of this section as determined by the balance in the Unemployment Insurance
Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20 nor more than
$265 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary
of Labor, as of the preceding September 30, is less than $165 million. When the Unemployment Insurance Trust Fund balance
is less than $165 million, but equal to or greater than $150 million, the maximum weekly benefit amount shall be no more than
$245. When the Unemployment Insurance Trust Fund balance is less than $150 million, but equal to or greater than $90 million,
the maximum weekly benefit amount shall be no more than $225. When the Unemployment Insurance Trust Fund balance is less than
$90 million, the maximum weekly benefit amount shall be no more than $205. Computation of any change in the maximum weekly
benefit amount shall commence with new claims filed to establish a benefit year on or after January 1 of each year.
(h) For claims establishing a benefit year beginning July 1, 1995, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the Unemployment
Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20 nor
more than $300 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $200 million. When the Unemployment Insurance Trust
Fund balance is less than $200 million, but equal to or greater than $165 million, the maximum weekly benefit amount shall
be no more than $265. When the Unemployment Insurance Trust Fund balance is less than $165 million, but equal to or greater
than $150 million, the maximum weekly benefit amount shall be no more than $245. When the Unemployment Insurance Trust Fund
balance is less than $150 million, but equal to or greater than $90 million, the maximum weekly benefit amount shall be no
more than $225. When the Unemployment Insurance Trust Fund balance is less than $90 million, the maximum weekly benefit amount
shall be no more than $205. Computation for any change in the maximum weekly benefit amount shall commence with new claims
filed to establish a benefit year on or after January 1 of each year.
(i) For claims establishing a benefit year beginning July 1, 1999, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the Unemployment
Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20 nor
more than $315 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $250 million. When the Unemployment Insurance Trust
Fund balance is less than $250 million, but equal to or greater than $200 million, the maximum weekly benefit amount shall
be no more than $300. When the Unemployment Insurance Trust Fund balance is less than $200 million, but equal to or greater
than $165 million, the maximum weekly benefit amount shall be no more than $265. When the Unemployment Insurance Trust Fund
balance is less than $165 million, but equal to or greater than $150 million, the maximum weekly benefit amount shall be no
more than $245. When the Unemployment Insurance Trust Fund balance is less than $150 million, but equal to or greater than
$90 million, the maximum weekly benefit amount shall be no more than $225. When the Unemployment Insurance Trust Fund balance
is less than $90 million, the maximum weekly benefit amount shall be no more than $205. Computation for any change in the
maximum weekly benefit amount shall commence with new claims filed to establish a benefit year on or after January 1 of each
year.
(j) For claims establishing a benefit year beginning January 1, 2002, and thereafter, an individual's weekly benefit amount
shall be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the
Unemployment Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less
than $20 nor more than $330 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment
Insurance to the Secretary of Labor, as of the preceding September 30, is less than $275 million. When the Unemployment Insurance
Trust Fund is less than $275 million, but equal to or greater than $250 million, the maximum weekly benefit amount shall be
no more than $315. When the Unemployment Insurance Trust Fund balance is less than $250 million, but equal to or greater than
$200 million, the maximum weekly benefit amount shall be no more than $300. When the Unemployment Insurance Trust Fund balance
is less than $200 million, but equal to or greater than $165 million, the maximum weekly benefit amount shall be no more than
$265. When the Unemployment Insurance Trust Fund balance is less than $165 million, but equal to or greater than $150 million,
the maximum weekly benefit amount shall be no more than $245. When the Unemployment Insurance Trust Fund balance is less than
$150 million, but equal to or greater than $90 million, the maximum weekly benefit amount shall be no more than $225. When
the Unemployment Insurance Trust Fund balance is less than $90 million, the maximum weekly benefit amount shall be no more
than $205. Computation for any change in the maximum weekly benefit amount shall commence with new claims filed to establish
a benefit year on or after January 1 of each year.
(k) Notwithstanding any other provisions in this section, for claims establishing a benefit year beginning January 1, 2004,
and thereafter, an individual's weekly benefit amount shall be an amount equal to 1/46th of the individual's total wages for
employment by employers paid during the 2 quarters of the individual's base period in which such wages were highest. If such
weekly benefit amount is not an even dollar amount, it shall be rounded down to the next whole dollar. The amount shall not
be less than $20 nor more than $330.
(l) The Unemployment Compensation Advisory Council as defined in § 3107 of this title shall meet not less than every 2 years
to review and make recommendations regarding the maximum weekly benefit amount. The Council's final recommendations shall
be submitted to the Director of Unemployment Insurance by May 15 of the year in which the Council has met.
(m) Each eligible individual who is unemployed in any week shall be paid with respect to such week a sum equal to the individual's
weekly benefit amount less that part of the wages (if any) payable to the individual with respect to such week which exceeds
whichever is the greater of $10 or 50% of the individual's weekly benefit amount. Such sum, if not an even dollar, shall be
rounded down to the next whole dollar. Wages do not have to be paid to be considered payable.
(n) Any eligible individual who filed a claim for benefits for weeks of unemployment prior to July 1975 shall be entitled
during any benefit year to a total amount of benefits equal to whichever is the lesser of (i) 26 times the individual's weekly
benefit amount, or (ii) 47 percent of the individual's wages for employment by employers paid during the individual's base
period. If such amount is not an even dollar, it shall be raised to the next whole dollar. In no event shall the maximum total
amount be less than 11 times the weekly benefit amount.
(o) Any eligible individual who files a claim for benefits for weeks of unemployment beginning July, 1975, and thereafter
shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of (i) 26 times the
individual's weekly benefit amount or (ii) 50 percent of the individual's wages for employment by employers paid during the
individual's base period. If such amount is not an even dollar, it shall be rounded down to the next whole dollar.
(p) Any otherwise eligible individuals shall be paid with respect to any week a benefit amount equal to the individual's weekly
benefit amount less that part of a retirement pension or annuity, if any, received by the individual or for which the individual
is eligible under a private pension plan which is financed entirely by a base period employer of such employee, and which
is in excess of the weekly benefit amount for which the individual is eligible under this chapter. If there is employee participation
in financing a pension plan, such deduction shall be reduced in the same proportion as the employee's contribution to the
pension bears to the total pension amount. If such retirement pension or annuity payment deductible under this subsection
is received on other than a weekly basis, the amount thereof shall be allocated and prorated in accordance with such regulation
as the Department shall prescribe. This subsection shall apply only to any new claim filed after August 9, 1961.
The weekly benefit amount payable to an individual for any week which begins after March 31, 1980, and which begins in a period
with respect to which such individual is receiving or is eligible to receive a governmental or other pension, retirement or
retired pay, annuity or any other similar periodic payment which is based on the previous work of such individual or which
begins in a period with respect to which such individual is receiving or is eligible for sickness disability or workers' compensation
benefits shall be reduced (but not below 0) by the sum of the prorated weekly amount of such pension, retirement or retired
pay, annuity or other payment and the prorated weekly amount of such disability or worker's compensation benefits payment
which is reasonably attributable to such work; provided that, in the case of the pension retirement or retired pay, annuity
or other payment, if the provisions of the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.] permit:
(1) The requirements of this paragraph shall only apply in the case of a pension, retirement or retired pay, annuity or other
similar periodic payment under a plan maintained (or contributed to) by a base period or chargeable employer (as determined
under this act);
(2) The amount of any such reduction shall be determined taking into account contributions made by the individual for the
pension, retirement or retired pay, annuity or other similar periodic payment;
(3) In the case of a payment in the form of a pension, annuity, retirement or retired payment paid to an individual under
the Social Security Act [42 U.S.C. § 301 et seq.] or the Railroad Retirement Act of 1974 [45 U.S.C. § 231 et seq.], the individual's
contribution shall be taken into consideration and the weekly benefit amount payable to said individual for any week which
begins after July 1, 1997, shall be reduced by 25% of the individual's weekly benefit amount under the Social Security Act
or the Railroad Retirement Act of 1974;
(4) In the case of a payment in the form of a pension, annuity, retirement or retired payment paid to an individual under
the Social Security Act (42 U.S.C. § 301 et seq.), or the Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.), the individual's
contribution shall be taken into consideration and the weekly benefit amount payable to said individual for any week which
begins after January 1, 1999, shall not be reduced.
(5) Any overpayment which may result from the retroactive application of this paragraph may, at the discretion of the Secretary
of Labor, be waived.
(q)(1) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether
or not the individual owes child support obligations as defined under paragraph (7) of this subsection. If any such individual
discloses that the individual owes child support obligations, and is determined to be eligible for unemployment compensation,
the Department shall notify the state or local child support enforcement agency enforcing such obligation that the individual
has been determined to be eligible for unemployment compensation.
(2) The Department shall deduct and withhold from any unemployment compensation payable to an individual that owes child support
obligations as defined under paragraph (7) of this subsection:
a. The amount specified by the individual to the Department to be deducted and withheld under this paragraph, if neither subparagraph
b. nor c. of this paragraph is applicable;
b. The amount (if any) determined pursuant to an agreement submitted to the Department under § 454(19)(B)(i) of the Social
Security Act [42 U.S.C. § 654(19)(B)(i)] by the state or local child support enforcement agency, unless subparagraph c. of
this paragraph is applicable; or
c. Any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process
(as that term is defined in § 459(i)(5) of the Social Security Act [42 U.S.C. § 659(i)(5)]) properly served upon the Department.
(3) Any amount deducted and withheld under paragraph (2) of this subsection shall be paid by the Department to the appropriate
state or local child support enforcement agency.
(4) Any amount deducted and withheld under paragraph (2) of this subsection shall for all purposes be treated as if it were
paid to the individual as unemployment compensation and paid by such individual to the state or local child support enforcement
agency in satisfaction of the individual's child support obligations.
(5) For purposes of paragraphs (1) through (4) of this subsection, the term "unemployment compensation" means any compensation
payable under this chapter (including amounts payable by the Department pursuant to an agreement under any federal law providing
for compensation, assistance or allowances with respect to unemployment).
(6) This subsection applies only if appropriate arrangements have been made for reimbursement by the state or local child
support enforcement agency for the administrative costs incurred by the Department under this subsection which are attributable
to child support obligations being enforced by the state or local child support enforcement agency.
(7) The term "child support obligation" is defined for purposes of these provisions as including only obligations which are
being enforced pursuant to a plan described in § 454 of the Social Security Act [42 U.S.C. § 654] which has been approved
by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act [42 U.S.C. § 651 et seq.].
(8) The term "state or local child support enforcement agency" as used in these provisions means any agency of a state or
a political subdivision thereof operating pursuant to a plan described in paragraph (7) of this subsection.
(r)(1) An individual filing a new claim for unemployment compensation shall, at the time of filing such claims, disclose whether
or not that individual owes an uncollected overissuance (as defined in § 13(c)(1) of the Food Stamp Act of 1977 [7 U.S.C.
§ 2022]) of food stamp coupons. The Department shall notify the state food stamp agency enforcing such obligation of any individual
who discloses that the individual owes a food stamp coupon obligation and who is determined to be eligible for unemployment
compensation.
(2) The Department shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected
overissuance of food stamp coupons:
a. The amount specified by the individual to the Department to be deducted and withheld under this paragraph, if neither subparagraph
b. nor subparagraph c. of this paragraph is applicable;
b. The amount (if any) determined pursuant to an agreement submitted to the Department by the state food stamp agency under
§ 13(c)(3)(A) of the Food Stamp Act of 1977 [7 U.S.C. § 2022], unless subparagraph (c) of this paragraph is applicable; or
c. Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to § 13(c)(3)(B) of the
Food Stamp Act of 1977 [7 U.S.C. § 2022].
(3) Any amount deducted and withheld under paragraph (2) of this subsection shall be paid by the Department to the appropriate
state food stamp agency.
(4) Any amount deducted and withheld under paragraph (2) shall for all purposes be treated as if it were paid to the individual
as unemployment compensation and paid by such individual to the state food stamp agency as repayment of the individual's uncollected
overissuance of food stamp coupons.
(5) For purposes of paragraph (1) through (4) of this subsection, the term "unemployment compensation" means any compensation
payable under this chapter, including amounts payable by the Department pursuant to an agreement under any federal law providing
for compensation, assistance or allowances with respect to unemployment.
(6) This subsection applies only if arrangements have been made for reimbursement by the state food stamp agency for the administrative
costs incurred by the Department under this subsection which are attributable to the repayment of uncollected overissuance
of food stamp coupons to the state food stamp agency.
(7) The term "state food stamp agency," as used in these provisions, means any agency described in § 3(n)(1) of the Food Stamp
Act of 1977 [7 U.S.C. § 2012] which administers the food stamp program established under such act.
41 Del. Laws, c. 258, § 3; 42 Del. Laws, c. 196, §§ 7-9; 43 Del. Laws, c. 281, § 3; 44 Del. Laws, c. 207, § 2; 45 Del. Laws, c. 267, § 5; 47 Del. Laws, c. 185, §§ 1, 2; 19 Del. C. 1953, § 3313; 50 Del. Laws, c. 117, §§ 2, 3; 51 Del. Laws, c. 343; 53 Del. Laws, c. 158, §§ 2-4; 55 Del. Laws, c. 358, § 1; 57 Del. Laws, c. 521, §§ 2-4; 57 Del. Laws, c. 669, § 5B; 59 Del. Laws, c. 162, § 1; 60 Del. Laws, c. 138, § 2; 61 Del. Laws, c. 186, §§ 15, 33; 62 Del. Laws, c. 163, § 1; 62 Del. Laws, c. 287, § 1; 63 Del. Laws, c. 76, § 3; 63 Del. Laws, c. 427, § 6; 64 Del. Laws, c. 91, § 7; 64 Del. Laws, c. 114, §§ 2, 3; 64 Del. Laws, c. 272, § 1; 65 Del. Laws, c. 45, § 2; 65 Del. Laws, c. 179, § 1; 66 Del. Laws, c. 72, §§ 2-7; 67 Del. Laws, c. 119, §§ 3, 4; 68 Del. Laws, c. 104, §§ 1, 2; 69 Del. Laws, c. 89, §§ 1, 2; 70 Del. Laws, c. 46, §§ 5, 6; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 28, § 1; 71 Del. Laws, c. 146, §§ 1, 2; 71 Del. Laws, c. 147, § 2; 71 Del. Laws, c. 392, §§ 1, 2; 71 Del. Laws, c. 404, §§ 1, 2; 72 Del. Laws, c. 103, §§ 1, 2; 73 Del. Laws, c. 209, §§ 1, 2; 74 Del. Laws, c. 143, §§ 1, 2.;
§ 3314. Disqualification for benefits.
An individual shall be disqualified for benefits:
(1) For the week in which the individual left work voluntarily without good cause attributable to such work and for each week
thereafter until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned
wages in covered employment equal to not less than 4 times the weekly benefit amount. However, if an individual has left work
involuntarily because of illness, no disqualification shall prevail after the individual becomes able to work and available
for work and meets all other requirements under this title, but the Department shall require a doctor's certificate to establish
such availability or if an individual has left work due to circumstances directly resulting from the individual's experience
of domestic violence, as that term is defined in § 703A(a) of Title 13, no disqualification shall prevail. An individual's
leaving work shall be treated as due to circumstances directly resulting from the individual's experience of domestic violence
if the leaving work resulted from: (i) the individual's reasonable fear of future domestic violence at or en route to or from
the individual's place of employment; (ii) the individual's wish to relocate to another geographic area in order to avoid
future domestic violence against the individual or the individual's spouse, child under the age of 18, or parent; or (iii)
any other circumstance in which domestic violence causes the individual to reasonably believe that leaving work is necessary
for the future safety of the individual or the individual's spouse, child under the age of 18, or parent. When determining
whether an individual has experienced domestic violence for compensation purposes, the Division shall require the individual
to provide documentation to the Division of the domestic violence involved, such as a police or court record, or documentation
of the domestic violence from a shelter worker, attorney, member of the clergy or medical or other professional from whom
the employee has sought assistance in addressing domestic violence and its effects. All evidence of domestic violence experienced
by an individual, including the individual's statement and any corroborating evidence shall not be disclosed by the Division
of Unemployment Insurance unless consent for disclosure is given by the individual. Wage credits earned in such work, if from
employment under this title in the employ of any employer liable for assessments under § 3348 of this title, shall not constitute
employer's benefit wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in
lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title when an individual
becomes eligible for benefits upon separation from a subsequent employer. An individual who becomes unemployed solely as the
result of completing a period of employment that was of a seasonal, durational, temporary or casual duration will not be considered
as a matter of law to have left work voluntarily without good cause attributable to such work solely on the basis of the duration
of such employment.
An individual who, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits
the waiver of the right to retain employment when there is a temporary layoff due to lack of work, has elected to be separated
for a temporary period not to exceed 30 calendar days and the employer has consented thereto will not be considered to have
left work voluntarily without good cause attributable to such work.
An individual, who quits work in order to accompany that individual's spouse to a place from which it is impractical for such
individual to commute and due to a change in location of that individual's spouse's employment, will not be considered to
have left work voluntarily without good cause attributable to such work. Wage credits earned in such work, if from employment
under this title in the employ of any employer liable for assessments under § 3348 of this title, shall not constitute employer's
benefits wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments
shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title when an individual becomes eligible
for benefits upon separation from a subsequent employer.
An individual, who quits work to care for that individual's spouse, child under the age of 18, or parent with a verified illness
or disability, will not be considered to have left work voluntarily without good cause attributable to such work. For the
purposes of this paragraph, a "verified illness or disability" is defined as one that necessitates the care of the individual's
ill or disabled spouse, child under the age of 18, or parent that lasts longer than the individual's employer is willing to
grant leave for. Wage credits earned in such work, if from employment under this title in the employ of any employer liable
for assessments under § 3348 of this title, shall not constitute employer's benefits wages in connection with §§ 3349-3356
of this title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation
Fund in accordance with § 3345 of this title when an individual becomes eligible for benefits upon separation from a subsequent
employer.
(2) For the week in which the individual was discharged from the individual's work for just cause in connection with the individual's
work and for each week thereafter until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive)
and has earned wages in covered employment equal to not less than 4 times the weekly benefit amount. Wage credits earned in
such work, if from employment under this title in the employ of any employer liable for assessments under § 3348 of this title,
shall not constitute employer's benefits wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement
payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title
when an individual becomes eligible for benefits upon separation from a subsequent employer.
An individual, who is discharged from work because the individual has provided notice to that individual's employer of the
intent to quit work to accompany that individual's spouse to a place from which it is impractical for such individual to commute
and due to a change in location of the individual's spouse's employment, will not be considered to have been discharged from
work for good cause attributable to such work. Wage credits earned in such work, if from employment under this title in the
employ of any employer liable for assessments under § 3348 of this title, shall constitute employer's benefits wages in connection
with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the
Unemployment Compensation Fund in accordance with § 3345 of this title.
An individual, who is discharged from work because the individual is providing care for that individual's spouse, child under
the age of 18, or parent with a verified illness or disability, will not be considered to have been discharged from work for
good cause attributable to such work. For the purposes of this paragraph, a "verified illness or disability" is defined as
one that necessitates the care of the individual's ill or disabled spouse, child under the age of 18, or parent that lasts
longer than the individual's employer is willing to grant leave for. Wage credits earned in such work, if from employment
under this title in the employ of any employer liable for assessments under § 3348 of this title, shall constitute employer's
benefits wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments
shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title.
An individual, who is discharged from work due to circumstances directly resulting from the individual's experience of domestic
violence, as that term is defined in § 703A (a) of Title 13, will not be considered to have been discharged from work for
good cause attributable to such work. An individual's discharge from work shall be treated as due to circumstances directly
resulting from the individual's experience of domestic violence if: (i) the individual had reasonable fear of future domestic
violence at or en route to or from the individual's place of employment; (ii) the individual relocated to another geographic
area in order to avoid future domestic violence against the individual or the individual's spouse, child under the age of
18, or parent; or (iii) any other circumstance in which domestic violence causes the individual to reasonably believe that
absence from work is necessary for the future safety of the individual or the individual's spouse, child under the age of
18, or parent. When determining whether an individual has experienced domestic violence for compensation purposes, the Division
shall require the individual to provide documentation to the Division of the domestic violence involved, such as a police
or court record, or documentation of the domestic violence from a shelter worker, attorney, member of the clergy or medical
or other professional from whom the employee has sought assistance in addressing domestic violence and its effects. All evidence
of domestic violence experienced by an individual, including the individual's statement and any corroborating evidence shall
not be disclosed by the Division of Unemployment Insurance unless consent for disclosure is given by the individual. Wage
credits earned in such work, if from employment under this title in the employ of any employer liable for assessments under
§ 3348 of this title, shall constitute employer's benefits wages in connection with §§ 3349-3356 of this title. Any employer
liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance
with § 3345 of this title.
(3) If the individual has refused to accept an offer of work for which the individual is reasonably fitted or has refused
to accept a referral to a job opportunity when directed to do so by a local employment office of this State or another state,
and the disqualification shall begin with the week in which the refusal occurred and shall continue for each week thereafter
until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in
covered employment equal to not less than 4 times the weekly benefit amount; provided that no individual shall be disqualified
under this subdivision for refusing to accept an offer of work or a referral while the individual is attending a vocational
training course approved by the Department if the acceptance of such offer or referral would prevent the individual from completing
the course. No individual otherwise qualified to receive benefits shall lose the right to benefits by reason of a refusal
to accept a referral or new work if:
a. As a condition of being so employed, the individual would be required by the employer to join a company union or would
be required by the employer to resign from or refrain from joining any bona fide labor organization or would be denied the
right by the employer to retain membership in and observe the lawful rules of any such organization;
b. The position offered is vacant due directly to a strike, lockout or other labor dispute;
c. The work is at an unreasonable distance from the individual's residence, having regard to the character of the work the
individual has been accustomed to do, and travel to the place of work involves expenses substantially greater than that required
for the individual's former work;
d. The remuneration, hours or other conditions of the work offered are substantially less favorable to the individual than
those prevailing for similar work in the locality; or
e. The referral or offer was for full-time work and the individual is permitted to seek only part-time work under the provisions
of § 3315(3) of this title.
(4) For any week with respect to which the Department finds that the individual's total or partial unemployment is due to
a stoppage of work which exists because of a labor dispute (other than a lockout) at the factory, establishment or other premises
at which the individual is or was last employed. For purposes of this subsection, a lockout exists when:
a. The contract between the employing unit and the individual's bona fide labor organization has expired and contract negotiations
are continuing;
b. The individual, through a bona fide labor organization, has offered to continue working for a reasonable time under the
preexisting terms and conditions of employment so as to avert a work stoppage pending the final settlement of the contract
negotiations; and
c. The employing unit has refused to permit work to continue and maintain the status quo for a reasonable time pending further
negotiations.
(5) For any week with respect to which or a part of which the individual has received or is seeking unemployment benefits
under an unemployment compensation law of another state or of the United States, but if the appropriate agency of such other
state or of the United States finally determines that the individual is not entitled to such unemployment benefits, this disqualification
shall not apply.
(6) If the Department determines such individual has made a false statement or representation knowing it to be false or knowingly
has failed to disclose a material fact to obtain benefits to which the individual was not lawfully entitled, and such disqualification
shall be for a period of 1 year beginning with the date on which the first false statement, false representation or failure
to disclose a material fact occurred. A disqualification issued pursuant to this subsection shall be considered a disqualification
due to fraud.
(7) For any week with respect to which the Department finds that the individual has become unemployed by reason of commitment
upon conviction and sentencing to any penal institution and for each week thereafter until the individual has been employed
in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in covered employment equal to not less than
4 times the weekly benefit amount. Wage credits earned in the individual's most recent employment prior to such commitment,
if from employment under this title in the employ of any employer liable for assessments under § 3348 of this title, shall
not constitute employer's benefit wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement
payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title
when an individual becomes eligible for benefits upon separation from a subsequent employer.
(8) If it shall be determined by the Department that total or partial unemployment is due to the individual's inability to
work. Such disqualification to terminate when the individual becomes able to work and available for work as determined by
a doctor's certificate and meets all other requirements under this title.
(9) Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating
in sports or athletic events or training or preparing to so participate, for any week which commences during the period between
2 successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or
similar periods) and there is a reasonable assurance that such individual will perform such services in the latter of such
seasons (or similar periods).
(10)a. Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was
lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing
such services or was permanently residing in the United States under color of law at the time such services were performed,
including an alien who was lawfully present in the United States as a result of the application of § 212(d)(5) [8 U.S.C. §
1182(d)(5)] of the Immigration and Nationality Act.
b. Any data or information required of individuals applying for benefits to determine whether benefits are not payable to
them because of their alien status shall be uniformly required from all applicants for benefits.
c. In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits
to such individual are not payable because of the individual's alien status shall be made except upon a preponderance of the
evidence.
(11)a. Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for
any week because the individual is in training, approved under § 236(a)(1) of the Trade Act of 1974 [19 U.S.C. § 2296(a)(1)],
nor shall such individual be denied benefits by reason of leaving work to enter such training, provided the work left is not
suitable employment, or because of the application to any such week in training of provisions in this law (or any applicable
federal unemployment compensation law), relating to availability for work, active search for work or refusal to accept work.
b. For purposes of this subdivision, the term "suitable employment" means, with respect to an individual, work of a substantially
equal or higher skill level than the individual's past adversely affected employment (as defined for purposes of the Trade
Act of 1974), and wages for such work at not less than 80 percent of the individual's average wage as determined for the purposes
of the Trade Act of 1974.
41 Del. Laws, c. 258, § 5; 42 Del. Laws, c. 196, §§ 13-16; 43 Del. Laws, c. 280, §§ 6-9; 44 Del. Laws, c. 207, § 6; 46 Del. Laws, c. 162, §§ 4-7; 19 Del. C. 1953, § 3315; 50 Del. Laws, c. 49, § 1; 50 Del. Laws, c. 115, §§ 5, 6; 53 Del. Laws, c. 32, §§ 1, 2; 53 Del. Laws, c. 79, § 1; 53 Del. Laws, c. 357, § 2; 57 Del. Laws, c. 669, § 5B; 58 Del. Laws, c. 518; 61 Del. Laws, c. 186, §§ 18-20; 61 Del. Laws, c. 452, § 6; 63 Del. Laws, c. 427, § 7; 65 Del. Laws, c. 514, §§ 1-5; 66 Del. Laws, c. 389, § 1; 67 Del. Laws, c. 318, § 1; 67 Del. Laws, c. 435, § 1; 68 Del. Laws, c. 143, § 1; 68 Del. Laws, c. 247, §§ 1-3; 68 Del. Laws, c. 421, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 311, § 1; 72 Del. Laws, c. 361, § 1; 74 Del. Laws, c. 306, §§ 1, 2; 77 Del. Laws, c. 71, §§ 2-8.;
§ 3315. Eligibility for benefits.
An unemployed individual shall be eligible to receive benefits with respect to any week only if the Department finds that
the individual:
(1) Has registered for work at and thereafter continued to report at an employment office in accordance with such regulations
as the Department prescribes, except that the Department may, by regulation, waive or alter either or both of the requirements
of this subdivision as to individuals attached to regular jobs and as to such other types of cases or situations with respect
to which it finds that compliance with such requirements would be oppressive or would be inconsistent with the purposes of
this chapter, but no such regulation shall conflict with § 3312 of this title;
(2) Has made a claim for benefits with respect to such week in accordance with such regulations as the Department prescribes;
(3) Is able to work and is available for work and is actively seeking work; provided, however, that an employee, not otherwise
disqualified or ineligible for benefits under the chapter, who is temporarily laid off for a period of not more than 45 calendar
days following the last day the employee worked, except that the period for those employees of employers who close down for
annual model changes or retooling shall be 63 calendar days, shall, during said period, be deemed to be available for work,
except that said employee shall be available to return to work upon 3 days notice of the employee's employer, and actively
seeking work if the employee's employer notified the Department in writing or the Department otherwise determines that such
layoff is temporary and that work is reasonably expected to be available for said employee within said period or within a
lesser period estimated by the employer, and the Department may, by regulation, waive or alter the requirements that such
individual be able to work, available for work and actively seeking work as to such types of cases or situations with respect
to which it finds that compliance with such requirements would be oppressive or would be inconsistent with the purpose of
this chapter. Provided further than an individual who has been involuntarily retired shall be entitled to receive benefits,
and the individual shall be required to be available only for the kind or type of work which is suitable for the individual
in view of individual's age, physical condition and other circumstances; but no claimant shall be considered ineligible in
any week of unemployment for failure to comply with this subdivision if such failure is due to an illness or disability which
occurs after the claimant has registered for work and no work which would have been considered suitable at the time of the
claimant's initial registration has been offered after the beginning of such illness or disability. The Department shall require
the submission of a doctor's certificate to establish the existence of such illness or disability, and, thereafter, the Department
shall require a doctor's certificate not less than once every 4 weeks to establish any continuation of such illness or disability.
Provided that no unemployed individual shall become ineligible for benefits solely because the individual regularly attends
a vocational training course which the Department has approved and which it continues from time to time to approve for the
individual. The Department may approve such course for an individual only if:
a. Reasonable employment opportunities for which the individual is fitted by training and experience do not exist in the locality
or are severely curtailed;
b. The training course relates to an occupation or skill for which there are expected to be in the immediate future reasonable
employment opportunities in the locality;
c. The training course is determined by the Department to be reasonably calculated to meet the purposes of this subdivision;
and
d. The individual, in the judgment of the Department, has the required qualifications and aptitudes to complete the course
successfully.
No individual shall be determined ineligible for the receipt of unemployment insurance benefits for any week in which they
are available for and seek only part-time work, if the majority of weeks of work in their base period were in part-time employment.
For purposes of this paragraph, "seeking only part-time work" is work meeting any 1 of the following conditions: (i) the individual
is willing to work at least 20 hours per week; (ii) the individual is available for a number of hours per week that are comparable
to the individual's part-time work in the base period; or (iii) the individual is available for hours that are comparable
to the individual's work at the time of the most recent separation from employment.
(4) Participates in reemployment services, such as job search assistance services, if the individual has been determined to
be likely to exhaust regular benefits and need reemployment services pursuant to a profiling system established by the Department,
unless the Department determines that:
a. The individual has completed such services; or
b. There is justifiable cause for the claimant's failure to participate in such services.
(5) No week shall be counted as a week of unemployment for the purposes of this subdivision:
a. Unless it occurs within the benefit year which includes the week with respect to which the individual claims payment of
benefits;
b. Unless the individual was eligible for benefits with respect thereto as provided in this section and § 3314 of this title,
except for the requirements of this subdivision and of subdivision (5) of § 3314 of this title;
(6)a. Has, during the individual's base period, been paid wages for employment equal to not less than 36 times the individual's
weekly benefit amount, and, as used in this subdivision, "wages" means wages for employment by employers for benefit purposes
with respect to any benefit year only if such benefit year begins subsequent to the date on which the employing unit by which
such wages were paid has satisfied the conditions of subdivision (8) of § 3302 of this title or § 3343 of this title with
respect to becoming an employer.
Any other provision of this subdivision notwithstanding, any otherwise eligible individual, the total amount of those wages
paid to the individual during the individual's base period is less than the amount required to have been received under this
subdivision, may be eligible to receive benefits if the difference between 36 times the individual's weekly benefit amount
and the total amount of the individual's wages during the individual's base period does not exceed $180, but the amount of
the individual's weekly benefit shall be reduced by $1 for each $36 or major fraction thereof by which the total amount of
the individual's base period wages is less than 36 times the individual's weekly benefit amount. In no event shall any such
individual be eligible for benefits if the total amount of wages paid to the individual during the individual's base period
was less than $360; however, for claims filed for weeks of unemployment beginning July 1, 1975, no such individual shall be
eligible for benefits if the total amount of wages paid the individual during the individual's base period was less than $720.
b. Wages paid to an individual prior to the date on which the individual filed a valid claim for benefits, but not paid until
after the base period for such claim, may be considered as wages in a subsequent base period, relating to a new benefit year,
only if subsequent to the date on which the individual filed such earlier valid claim such individual had become newly employed
and had been paid wages in such new employment equal to not less than 10 times the individual's new weekly benefit amount.
This paragraph shall apply to any new claim filed after August 9, 1961.
(7) Benefits based on service in employment defined in § 3302(10)(B)(iii) and (C) of this title shall be payable in the same
amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to
this title, except that:
a. With respect to weeks of unemployment beginning after December 31, 1977, benefits shall not be paid based on services in
an instructional, research or principal administrative capacity for an educational institution for any week of unemployment
commencing during the period between successive academic years or terms (or, when an agreement provides instead for a similar
period between 2 regular but not successive terms, during such period) to any individual if such individual performs such
services in the first of such academic years (or terms) and if there is a contract or a reasonable assurance that such individual
will perform service in any such capacity for any educational institution in the second of such academic years or terms.
b. With respect to weeks of unemployment beginning or ending after September 3, 1982, benefits shall not be paid on the basis
of services in any other capacity for an educational institution to any individual for any week which commences during a period
between 2 successive academic years or terms if such individual performs such services in the first of such academic years
or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic
years or terms, except that if compensation is denied to any individual under this paragraph and such individual was not offered
an opportunity to perform such services for the educational institution for the second of such academic years or terms, such
individual shall be entitled to a retroactive payment of compensation for each week of unemployment beginning after September
3, 1982, for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason
of this paragraph.
c. With respect to any services described in paragraphs a. and b. of this subdivision, compensation payable on the basis of
such services shall be denied to any individual for any week which commences during an established and customary vacation
period or holiday recess if such individual performs such services in the period immediately before such vacation period or
holiday recess and there is a reasonable assurance that such individual will perform such services in the period immediately
following such vacation period or holiday recess.
d. With respect to any services described in paragraphs a. and b. of this subdivision, compensation shall be denied as specified
in paragraphs a., b. and c. of this subdivision to any individual who performed such services in an educational institution
while in the employ of an educational service agency. For purposes of this paragraph the term "educational service agency"
means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing
such services to 1 or more educational institutions.
e. If the provisions of the Federal Unemployment Tax Act [26 U.S.C. §§ 3301-3311] permit, paragraphs a., b., c. and d. of
this subdivision shall apply to the minimum extent consistent with the Federal Unemployment Tax Act, and such application
shall be prescribed in regulations by the Secretary of Labor.
41 Del. Laws, c. 258, § 4; 42 Del. Laws, c. 196, § 12; 43 Del. Laws, c. 280, §§ 4, 5; 43 Del. Laws, c. 281, § 5; 44 Del. Laws, c. 207, § 5; 45 Del. Laws, c. 267, § 6; 46 Del. Laws, c. 162, § 3; 19 Del. C. 1953, § 3314; 50 Del. Laws, c. 50, § 1; 50 Del. Laws, c. 115, § 4; 53 Del. Laws, c. 158, § 5; 53 Del. Laws, c. 357, § 1; 54 Del. Laws, c. 79, § 1; 55 Del. Laws, c. 222; 55 Del. Laws, c. 358, § 2; 55 Del. Laws, c. 436; 58 Del. Laws, c. 143, § 6; 58 Del. Laws, c. 209; 58 Del. Laws, c. 522, §§ 16-18; 60 Del. Laws, c. 138, § 3; 61 Del. Laws, c. 186, §§ 16, 17; 61 Del. Laws, c. 452, §§ 2-5; 63 Del. Laws, c. 76, § 6; 64 Del. Laws, c. 114, § 4; 64 Del. Laws, c. 427, §§ 2, 3; 69 Del. Laws, c. 273, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 306, § 3; 77 Del. Laws, c. 71, § 9.;
(a) In the case of a claimant whose base period earnings represent 75 percent or more earnings received for seasonal employment,
benefits shall be payable in any benefit year in any given calendar month only if the claimant had been employed in the corresponding
month of the claim base period.
(b) As used in this section, "seasonal employment" means employment in a seasonal industry by an individual who has been engaged
in such industry during the claim base period and who, during the portion or portions of the year when such industry was not
in operation, was not engaged in any other work. No occupation or industry shall be deemed to provide seasonal employment
that is not part of the first processing of agricultural products and/or seafood products.
(c) For the purposes of this section, a week shall be considered to fall within a month if 4 or more days of the week fall
within such month. The limitations of this section shall not apply to the payment of benefits for partial employment.
66 Del. Laws, c. 392, § 1.;
§ 3317. Filing of claim for benefit; regulations of Department; posting.
(a) Claims for benefits shall be made in accordance with such regulations as the Department prescribes. Each employer shall
post and maintain printed statements of such regulations in places readily accessible to individuals in the employer's service
and shall make available to each such individual at the time the individual becomes unemployed a printed statement of such
regulations. Such printed statements shall be supplied by the Department to each employer without cost to the employer.
(b) Whenever an individual files a claim for benefits, the Department shall forward to the employer by whom the claimant was
most recently employed, hereafter the "last employer", and to each base period employer relating to the individual's claim
a separation notice. The last and base period employer(s) shall return such notices completed, indicating the reason for the
claimant's separation from work with them and the individual claimant's last date of work with them, within 7 days of the
date contained on the separation notice. Any last or base period employer who fails to timely return a separation notice or
who fails to complete a separation notice within the period prescribed above shall be barred from claiming subsequently that
the individual claimant to whom such separation notice applied shall be disqualified under any provisions of § 3314 of this
title and shall be barred from seeking relief from benefit wage charges to its experience merit rating account under §§ 3349-3356
of this title unless the Department for reasons found to constitute good cause, shall release such employer from the default.
If the last or base period employer fails to timely submit a completed separation notice, the Department shall not be required
to issue a determination on said claim or to make an examination of said claim or be required to follow the remaining procedures
as set forth in §§ 3318-3
Subchapter II. Compensation Benefits; Determination and Payment
§ 3311. Extent of benefits; liability of State or Department.
Benefits shall be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys
are available therefor to the credit of the Unemployment Compensation Fund and neither the State nor the Department shall
be liable for any amount in excess of such sums.
41 Del. Laws, c. 258, § 23; 19 Del. C. 1953, § 3311; 57 Del. Laws, c. 669, § 5B.;
§ 3312. Benefit payments under regulations of Department.
All benefits shall be paid through employment offices, in accordance with such regulations as the Department prescribes.
41 Del. Laws, c. 258, § 3; 45 Del. Laws, c. 267, § 5; 19 Del. C. 1953, § 3312; 57 Del. Laws, c. 669, § 5B.;
§ 3313. Wages defined; weekly benefit amount; total annual amount of benefits; child support obligations.
(a) As used in this section "wages" means wages for employment by employers for benefit purposes with respect to any benefit
year only if such benefit year begins subsequent to the date on which the employer by whom such wages were paid has satisfied
the conditions of subdivision (8) of § 3302 of this title or § 3343 of this title with respect to becoming an employer.
(b) An individual's weekly benefit amount, for claims filed for weeks of unemployment beginning July 1, 1983, shall be an
amount equal to 1/78 of the individual's total wages for employment by employers paid during the 3 quarters of the individual's
base period in which such wages were highest. If such weekly benefit amount is not an even dollar amount, it shall be rounded
down to the next whole dollar. The minimum and maximum weekly benefit amount shall be determined in accordance with the following:
(1) For the period beginning July 1, 1983, and ending June 30, 1985, the amount shall not be less than $20 nor more than $165.
(2) For the period beginning July 1, 1985, and ending June 30, 1986, the amount shall not be less than $20 nor more than $195.
(3) For the period beginning July 1, 1986, and ending June 30, 1987, the amount shall not be less than $20 nor more than $205.
(4) For the period beginning July 1, 1987, and ending December 31, 1987, the amount shall not be less than $20 nor more than
$205.
(5) Computations for each increase in the maximum weekly benefit amount shall commence with new claims filed to establish
a benefit year commencing on or after the effective date of such increase.
(c) For claims establishing a benefit year beginning January 1, 1988, and thereafter, with respect to which the Unemployment
Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to
or greater than $90 million as of the preceding September 30, an individual's weekly benefit amount shall be an amount equal
to 1/46 of the individual's total wages for employment by employers paid during the 2 quarters of the individual's base period
in which such wages were highest. If such weekly benefit amount is not an even dollar amount, it shall be rounded down to
the next whole dollar. The amount shall not be less than $20 nor more than $205. Computations for any change in the maximum
weekly benefit amount shall commence with new claims filed to establish a benefit year effective on or after January 1 of
each year.
(d) For claims establishing a benefit year beginning January 1, 1988, and thereafter, with respect to which the Unemployment
Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than
$90 million as of the preceding September 30, and individual's weekly benefit amount shall be an amount equal to 1/52 of the
individual's total wages for employment by employers paid during the 2 quarters of the individual's base period in which such
wages were highest. If such weekly benefit amount is not an even amount, it shall be rounded down to the next whole dollar.
The amount shall not be less than $20 nor more than $205. Computations for any change in the maximum weekly benefit amount
shall commence with new claims filed to establish a benefit year effective on or after January 1 of each year.
(e) For claims establishing a benefit year beginning January 1, 1990, and thereafter, an individual's weekly benefit amount
shall be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the
Unemployment Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less
than $20 nor more than $225 unless the Unemployment Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $90 million. When the Unemployment Insurance Trust
Fund balance is less than $90 million, the maximum weekly benefit amount shall be no more than $205. Computation for any
change in the maximum weekly benefit amount shall commence with new claims filed to establish a benefit year on or after January
1 of each year.
(f) For claims establishing a benefit year beginning July 1, 1991, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the Unemployment
Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20
nor more than $245 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $150 million. When the Unemployment Insurance Trust
Fund balance is less than $150 million, but equal to or greater than $90 million, the maximum weekly benefit amount shall
be no more than $225. and when the Unemployment Insurance Trust Fund balance is less than $90 million, the maximum weekly
benefit amount shall be no more than $205. Computation for any change in the maximum weekly benefit amount shall commence
with new claims filed to establish a benefit year on or after January 1 of each year.
(g) For claims establishing a benefit year beginning July 1, 1993, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or (d) of this section as determined by the balance in the Unemployment Insurance
Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20 nor more than
$265 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary
of Labor, as of the preceding September 30, is less than $165 million. When the Unemployment Insurance Trust Fund balance
is less than $165 million, but equal to or greater than $150 million, the maximum weekly benefit amount shall be no more than
$245. When the Unemployment Insurance Trust Fund balance is less than $150 million, but equal to or greater than $90 million,
the maximum weekly benefit amount shall be no more than $225. When the Unemployment Insurance Trust Fund balance is less than
$90 million, the maximum weekly benefit amount shall be no more than $205. Computation of any change in the maximum weekly
benefit amount shall commence with new claims filed to establish a benefit year on or after January 1 of each year.
(h) For claims establishing a benefit year beginning July 1, 1995, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the Unemployment
Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20 nor
more than $300 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $200 million. When the Unemployment Insurance Trust
Fund balance is less than $200 million, but equal to or greater than $165 million, the maximum weekly benefit amount shall
be no more than $265. When the Unemployment Insurance Trust Fund balance is less than $165 million, but equal to or greater
than $150 million, the maximum weekly benefit amount shall be no more than $245. When the Unemployment Insurance Trust Fund
balance is less than $150 million, but equal to or greater than $90 million, the maximum weekly benefit amount shall be no
more than $225. When the Unemployment Insurance Trust Fund balance is less than $90 million, the maximum weekly benefit amount
shall be no more than $205. Computation for any change in the maximum weekly benefit amount shall commence with new claims
filed to establish a benefit year on or after January 1 of each year.
(i) For claims establishing a benefit year beginning July 1, 1999, and thereafter, an individual's weekly benefit amount shall
be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the Unemployment
Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20 nor
more than $315 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance
to the Secretary of Labor, as of the preceding September 30, is less than $250 million. When the Unemployment Insurance Trust
Fund balance is less than $250 million, but equal to or greater than $200 million, the maximum weekly benefit amount shall
be no more than $300. When the Unemployment Insurance Trust Fund balance is less than $200 million, but equal to or greater
than $165 million, the maximum weekly benefit amount shall be no more than $265. When the Unemployment Insurance Trust Fund
balance is less than $165 million, but equal to or greater than $150 million, the maximum weekly benefit amount shall be no
more than $245. When the Unemployment Insurance Trust Fund balance is less than $150 million, but equal to or greater than
$90 million, the maximum weekly benefit amount shall be no more than $225. When the Unemployment Insurance Trust Fund balance
is less than $90 million, the maximum weekly benefit amount shall be no more than $205. Computation for any change in the
maximum weekly benefit amount shall commence with new claims filed to establish a benefit year on or after January 1 of each
year.
(j) For claims establishing a benefit year beginning January 1, 2002, and thereafter, an individual's weekly benefit amount
shall be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the
Unemployment Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less
than $20 nor more than $330 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment
Insurance to the Secretary of Labor, as of the preceding September 30, is less than $275 million. When the Unemployment Insurance
Trust Fund is less than $275 million, but equal to or greater than $250 million, the maximum weekly benefit amount shall be
no more than $315. When the Unemployment Insurance Trust Fund balance is less than $250 million, but equal to or greater than
$200 million, the maximum weekly benefit amount shall be no more than $300. When the Unemployment Insurance Trust Fund balance
is less than $200 million, but equal to or greater than $165 million, the maximum weekly benefit amount shall be no more than
$265. When the Unemployment Insurance Trust Fund balance is less than $165 million, but equal to or greater than $150 million,
the maximum weekly benefit amount shall be no more than $245. When the Unemployment Insurance Trust Fund balance is less than
$150 million, but equal to or greater than $90 million, the maximum weekly benefit amount shall be no more than $225. When
the Unemployment Insurance Trust Fund balance is less than $90 million, the maximum weekly benefit amount shall be no more
than $205. Computation for any change in the maximum weekly benefit amount shall commence with new claims filed to establish
a benefit year on or after January 1 of each year.
(k) Notwithstanding any other provisions in this section, for claims establishing a benefit year beginning January 1, 2004,
and thereafter, an individual's weekly benefit amount shall be an amount equal to 1/46th of the individual's total wages for
employment by employers paid during the 2 quarters of the individual's base period in which such wages were highest. If such
weekly benefit amount is not an even dollar amount, it shall be rounded down to the next whole dollar. The amount shall not
be less than $20 nor more than $330.
(l) The Unemployment Compensation Advisory Council as defined in § 3107 of this title shall meet not less than every 2 years
to review and make recommendations regarding the maximum weekly benefit amount. The Council's final recommendations shall
be submitted to the Director of Unemployment Insurance by May 15 of the year in which the Council has met.
(m) Each eligible individual who is unemployed in any week shall be paid with respect to such week a sum equal to the individual's
weekly benefit amount less that part of the wages (if any) payable to the individual with respect to such week which exceeds
whichever is the greater of $10 or 50% of the individual's weekly benefit amount. Such sum, if not an even dollar, shall be
rounded down to the next whole dollar. Wages do not have to be paid to be considered payable.
(n) Any eligible individual who filed a claim for benefits for weeks of unemployment prior to July 1975 shall be entitled
during any benefit year to a total amount of benefits equal to whichever is the lesser of (i) 26 times the individual's weekly
benefit amount, or (ii) 47 percent of the individual's wages for employment by employers paid during the individual's base
period. If such amount is not an even dollar, it shall be raised to the next whole dollar. In no event shall the maximum total
amount be less than 11 times the weekly benefit amount.
(o) Any eligible individual who files a claim for benefits for weeks of unemployment beginning July, 1975, and thereafter
shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of (i) 26 times the
individual's weekly benefit amount or (ii) 50 percent of the individual's wages for employment by employers paid during the
individual's base period. If such amount is not an even dollar, it shall be rounded down to the next whole dollar.
(p) Any otherwise eligible individuals shall be paid with respect to any week a benefit amount equal to the individual's weekly
benefit amount less that part of a retirement pension or annuity, if any, received by the individual or for which the individual
is eligible under a private pension plan which is financed entirely by a base period employer of such employee, and which
is in excess of the weekly benefit amount for which the individual is eligible under this chapter. If there is employee participation
in financing a pension plan, such deduction shall be reduced in the same proportion as the employee's contribution to the
pension bears to the total pension amount. If such retirement pension or annuity payment deductible under this subsection
is received on other than a weekly basis, the amount thereof shall be allocated and prorated in accordance with such regulation
as the Department shall prescribe. This subsection shall apply only to any new claim filed after August 9, 1961.
The weekly benefit amount payable to an individual for any week which begins after March 31, 1980, and which begins in a period
with respect to which such individual is receiving or is eligible to receive a governmental or other pension, retirement or
retired pay, annuity or any other similar periodic payment which is based on the previous work of such individual or which
begins in a period with respect to which such individual is receiving or is eligible for sickness disability or workers' compensation
benefits shall be reduced (but not below 0) by the sum of the prorated weekly amount of such pension, retirement or retired
pay, annuity or other payment and the prorated weekly amount of such disability or worker's compensation benefits payment
which is reasonably attributable to such work; provided that, in the case of the pension retirement or retired pay, annuity
or other payment, if the provisions of the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.] permit:
(1) The requirements of this paragraph shall only apply in the case of a pension, retirement or retired pay, annuity or other
similar periodic payment under a plan maintained (or contributed to) by a base period or chargeable employer (as determined
under this act);
(2) The amount of any such reduction shall be determined taking into account contributions made by the individual for the
pension, retirement or retired pay, annuity or other similar periodic payment;
(3) In the case of a payment in the form of a pension, annuity, retirement or retired payment paid to an individual under
the Social Security Act [42 U.S.C. § 301 et seq.] or the Railroad Retirement Act of 1974 [45 U.S.C. § 231 et seq.], the individual's
contribution shall be taken into consideration and the weekly benefit amount payable to said individual for any week which
begins after July 1, 1997, shall be reduced by 25% of the individual's weekly benefit amount under the Social Security Act
or the Railroad Retirement Act of 1974;
(4) In the case of a payment in the form of a pension, annuity, retirement or retired payment paid to an individual under
the Social Security Act (42 U.S.C. § 301 et seq.), or the Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.), the individual's
contribution shall be taken into consideration and the weekly benefit amount payable to said individual for any week which
begins after January 1, 1999, shall not be reduced.
(5) Any overpayment which may result from the retroactive application of this paragraph may, at the discretion of the Secretary
of Labor, be waived.
(q)(1) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether
or not the individual owes child support obligations as defined under paragraph (7) of this subsection. If any such individual
discloses that the individual owes child support obligations, and is determined to be eligible for unemployment compensation,
the Department shall notify the state or local child support enforcement agency enforcing such obligation that the individual
has been determined to be eligible for unemployment compensation.
(2) The Department shall deduct and withhold from any unemployment compensation payable to an individual that owes child support
obligations as defined under paragraph (7) of this subsection:
a. The amount specified by the individual to the Department to be deducted and withheld under this paragraph, if neither subparagraph
b. nor c. of this paragraph is applicable;
b. The amount (if any) determined pursuant to an agreement submitted to the Department under § 454(19)(B)(i) of the Social
Security Act [42 U.S.C. § 654(19)(B)(i)] by the state or local child support enforcement agency, unless subparagraph c. of
this paragraph is applicable; or
c. Any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process
(as that term is defined in § 459(i)(5) of the Social Security Act [42 U.S.C. § 659(i)(5)]) properly served upon the Department.
(3) Any amount deducted and withheld under paragraph (2) of this subsection shall be paid by the Department to the appropriate
state or local child support enforcement agency.
(4) Any amount deducted and withheld under paragraph (2) of this subsection shall for all purposes be treated as if it were
paid to the individual as unemployment compensation and paid by such individual to the state or local child support enforcement
agency in satisfaction of the individual's child support obligations.
(5) For purposes of paragraphs (1) through (4) of this subsection, the term "unemployment compensation" means any compensation
payable under this chapter (including amounts payable by the Department pursuant to an agreement under any federal law providing
for compensation, assistance or allowances with respect to unemployment).
(6) This subsection applies only if appropriate arrangements have been made for reimbursement by the state or local child
support enforcement agency for the administrative costs incurred by the Department under this subsection which are attributable
to child support obligations being enforced by the state or local child support enforcement agency.
(7) The term "child support obligation" is defined for purposes of these provisions as including only obligations which are
being enforced pursuant to a plan described in § 454 of the Social Security Act [42 U.S.C. § 654] which has been approved
by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act [42 U.S.C. § 651 et seq.].
(8) The term "state or local child support enforcement agency" as used in these provisions means any agency of a state or
a political subdivision thereof operating pursuant to a plan described in paragraph (7) of this subsection.
(r)(1) An individual filing a new claim for unemployment compensation shall, at the time of filing such claims, disclose whether
or not that individual owes an uncollected overissuance (as defined in § 13(c)(1) of the Food Stamp Act of 1977 [7 U.S.C.
§ 2022]) of food stamp coupons. The Department shall notify the state food stamp agency enforcing such obligation of any individual
who discloses that the individual owes a food stamp coupon obligation and who is determined to be eligible for unemployment
compensation.
(2) The Department shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected
overissuance of food stamp coupons:
a. The amount specified by the individual to the Department to be deducted and withheld under this paragraph, if neither subparagraph
b. nor subparagraph c. of this paragraph is applicable;
b. The amount (if any) determined pursuant to an agreement submitted to the Department by the state food stamp agency under
§ 13(c)(3)(A) of the Food Stamp Act of 1977 [7 U.S.C. § 2022], unless subparagraph (c) of this paragraph is applicable; or
c. Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to § 13(c)(3)(B) of the
Food Stamp Act of 1977 [7 U.S.C. § 2022].
(3) Any amount deducted and withheld under paragraph (2) of this subsection shall be paid by the Department to the appropriate
state food stamp agency.
(4) Any amount deducted and withheld under paragraph (2) shall for all purposes be treated as if it were paid to the individual
as unemployment compensation and paid by such individual to the state food stamp agency as repayment of the individual's uncollected
overissuance of food stamp coupons.
(5) For purposes of paragraph (1) through (4) of this subsection, the term "unemployment compensation" means any compensation
payable under this chapter, including amounts payable by the Department pursuant to an agreement under any federal law providing
for compensation, assistance or allowances with respect to unemployment.
(6) This subsection applies only if arrangements have been made for reimbursement by the state food stamp agency for the administrative
costs incurred by the Department under this subsection which are attributable to the repayment of uncollected overissuance
of food stamp coupons to the state food stamp agency.
(7) The term "state food stamp agency," as used in these provisions, means any agency described in § 3(n)(1) of the Food Stamp
Act of 1977 [7 U.S.C. § 2012] which administers the food stamp program established under such act.
41 Del. Laws, c. 258, § 3; 42 Del. Laws, c. 196, §§ 7-9; 43 Del. Laws, c. 281, § 3; 44 Del. Laws, c. 207, § 2; 45 Del. Laws, c. 267, § 5; 47 Del. Laws, c. 185, §§ 1, 2; 19 Del. C. 1953, § 3313; 50 Del. Laws, c. 117, §§ 2, 3; 51 Del. Laws, c. 343; 53 Del. Laws, c. 158, §§ 2-4; 55 Del. Laws, c. 358, § 1; 57 Del. Laws, c. 521, §§ 2-4; 57 Del. Laws, c. 669, § 5B; 59 Del. Laws, c. 162, § 1; 60 Del. Laws, c. 138, § 2; 61 Del. Laws, c. 186, §§ 15, 33; 62 Del. Laws, c. 163, § 1; 62 Del. Laws, c. 287, § 1; 63 Del. Laws, c. 76, § 3; 63 Del. Laws, c. 427, § 6; 64 Del. Laws, c. 91, § 7; 64 Del. Laws, c. 114, §§ 2, 3; 64 Del. Laws, c. 272, § 1; 65 Del. Laws, c. 45, § 2; 65 Del. Laws, c. 179, § 1; 66 Del. Laws, c. 72, §§ 2-7; 67 Del. Laws, c. 119, §§ 3, 4; 68 Del. Laws, c. 104, §§ 1, 2; 69 Del. Laws, c. 89, §§ 1, 2; 70 Del. Laws, c. 46, §§ 5, 6; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 28, § 1; 71 Del. Laws, c. 146, §§ 1, 2; 71 Del. Laws, c. 147, § 2; 71 Del. Laws, c. 392, §§ 1, 2; 71 Del. Laws, c. 404, §§ 1, 2; 72 Del. Laws, c. 103, §§ 1, 2; 73 Del. Laws, c. 209, §§ 1, 2; 74 Del. Laws, c. 143, §§ 1, 2.;
§ 3314. Disqualification for benefits.
An individual shall be disqualified for benefits:
(1) For the week in which the individual left work voluntarily without good cause attributable to such work and for each week
thereafter until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned
wages in covered employment equal to not less than 4 times the weekly benefit amount. However, if an individual has left work
involuntarily because of illness, no disqualification shall prevail after the individual becomes able to work and available
for work and meets all other requirements under this title, but the Department shall require a doctor's certificate to establish
such availability or if an individual has left work due to circumstances directly resulting from the individual's experience
of domestic violence, as that term is defined in § 703A(a) of Title 13, no disqualification shall prevail. An individual's
leaving work shall be treated as due to circumstances directly resulting from the individual's experience of domestic violence
if the leaving work resulted from: (i) the individual's reasonable fear of future domestic violence at or en route to or from
the individual's place of employment; (ii) the individual's wish to relocate to another geographic area in order to avoid
future domestic violence against the individual or the individual's spouse, child under the age of 18, or parent; or (iii)
any other circumstance in which domestic violence causes the individual to reasonably believe that leaving work is necessary
for the future safety of the individual or the individual's spouse, child under the age of 18, or parent. When determining
whether an individual has experienced domestic violence for compensation purposes, the Division shall require the individual
to provide documentation to the Division of the domestic violence involved, such as a police or court record, or documentation
of the domestic violence from a shelter worker, attorney, member of the clergy or medical or other professional from whom
the employee has sought assistance in addressing domestic violence and its effects. All evidence of domestic violence experienced
by an individual, including the individual's statement and any corroborating evidence shall not be disclosed by the Division
of Unemployment Insurance unless consent for disclosure is given by the individual. Wage credits earned in such work, if from
employment under this title in the employ of any employer liable for assessments under § 3348 of this title, shall not constitute
employer's benefit wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in
lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title when an individual
becomes eligible for benefits upon separation from a subsequent employer. An individual who becomes unemployed solely as the
result of completing a period of employment that was of a seasonal, durational, temporary or casual duration will not be considered
as a matter of law to have left work voluntarily without good cause attributable to such work solely on the basis of the duration
of such employment.
An individual who, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits
the waiver of the right to retain employment when there is a temporary layoff due to lack of work, has elected to be separated
for a temporary period not to exceed 30 calendar days and the employer has consented thereto will not be considered to have
left work voluntarily without good cause attributable to such work.
An individual, who quits work in order to accompany that individual's spouse to a place from which it is impractical for such
individual to commute and due to a change in location of that individual's spouse's employment, will not be considered to
have left work voluntarily without good cause attributable to such work. Wage credits earned in such work, if from employment
under this title in the employ of any employer liable for assessments under § 3348 of this title, shall not constitute employer's
benefits wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments
shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title when an individual becomes eligible
for benefits upon separation from a subsequent employer.
An individual, who quits work to care for that individual's spouse, child under the age of 18, or parent with a verified illness
or disability, will not be considered to have left work voluntarily without good cause attributable to such work. For the
purposes of this paragraph, a "verified illness or disability" is defined as one that necessitates the care of the individual's
ill or disabled spouse, child under the age of 18, or parent that lasts longer than the individual's employer is willing to
grant leave for. Wage credits earned in such work, if from employment under this title in the employ of any employer liable
for assessments under § 3348 of this title, shall not constitute employer's benefits wages in connection with §§ 3349-3356
of this title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation
Fund in accordance with § 3345 of this title when an individual becomes eligible for benefits upon separation from a subsequent
employer.
(2) For the week in which the individual was discharged from the individual's work for just cause in connection with the individual's
work and for each week thereafter until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive)
and has earned wages in covered employment equal to not less than 4 times the weekly benefit amount. Wage credits earned in
such work, if from employment under this title in the employ of any employer liable for assessments under § 3348 of this title,
shall not constitute employer's benefits wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement
payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title
when an individual becomes eligible for benefits upon separation from a subsequent employer.
An individual, who is discharged from work because the individual has provided notice to that individual's employer of the
intent to quit work to accompany that individual's spouse to a place from which it is impractical for such individual to commute
and due to a change in location of the individual's spouse's employment, will not be considered to have been discharged from
work for good cause attributable to such work. Wage credits earned in such work, if from employment under this title in the
employ of any employer liable for assessments under § 3348 of this title, shall constitute employer's benefits wages in connection
with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the
Unemployment Compensation Fund in accordance with § 3345 of this title.
An individual, who is discharged from work because the individual is providing care for that individual's spouse, child under
the age of 18, or parent with a verified illness or disability, will not be considered to have been discharged from work for
good cause attributable to such work. For the purposes of this paragraph, a "verified illness or disability" is defined as
one that necessitates the care of the individual's ill or disabled spouse, child under the age of 18, or parent that lasts
longer than the individual's employer is willing to grant leave for. Wage credits earned in such work, if from employment
under this title in the employ of any employer liable for assessments under § 3348 of this title, shall constitute employer's
benefits wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement payments in lieu of assessments
shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title.
An individual, who is discharged from work due to circumstances directly resulting from the individual's experience of domestic
violence, as that term is defined in § 703A (a) of Title 13, will not be considered to have been discharged from work for
good cause attributable to such work. An individual's discharge from work shall be treated as due to circumstances directly
resulting from the individual's experience of domestic violence if: (i) the individual had reasonable fear of future domestic
violence at or en route to or from the individual's place of employment; (ii) the individual relocated to another geographic
area in order to avoid future domestic violence against the individual or the individual's spouse, child under the age of
18, or parent; or (iii) any other circumstance in which domestic violence causes the individual to reasonably believe that
absence from work is necessary for the future safety of the individual or the individual's spouse, child under the age of
18, or parent. When determining whether an individual has experienced domestic violence for compensation purposes, the Division
shall require the individual to provide documentation to the Division of the domestic violence involved, such as a police
or court record, or documentation of the domestic violence from a shelter worker, attorney, member of the clergy or medical
or other professional from whom the employee has sought assistance in addressing domestic violence and its effects. All evidence
of domestic violence experienced by an individual, including the individual's statement and any corroborating evidence shall
not be disclosed by the Division of Unemployment Insurance unless consent for disclosure is given by the individual. Wage
credits earned in such work, if from employment under this title in the employ of any employer liable for assessments under
§ 3348 of this title, shall constitute employer's benefits wages in connection with §§ 3349-3356 of this title. Any employer
liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance
with § 3345 of this title.
(3) If the individual has refused to accept an offer of work for which the individual is reasonably fitted or has refused
to accept a referral to a job opportunity when directed to do so by a local employment office of this State or another state,
and the disqualification shall begin with the week in which the refusal occurred and shall continue for each week thereafter
until the individual has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in
covered employment equal to not less than 4 times the weekly benefit amount; provided that no individual shall be disqualified
under this subdivision for refusing to accept an offer of work or a referral while the individual is attending a vocational
training course approved by the Department if the acceptance of such offer or referral would prevent the individual from completing
the course. No individual otherwise qualified to receive benefits shall lose the right to benefits by reason of a refusal
to accept a referral or new work if:
a. As a condition of being so employed, the individual would be required by the employer to join a company union or would
be required by the employer to resign from or refrain from joining any bona fide labor organization or would be denied the
right by the employer to retain membership in and observe the lawful rules of any such organization;
b. The position offered is vacant due directly to a strike, lockout or other labor dispute;
c. The work is at an unreasonable distance from the individual's residence, having regard to the character of the work the
individual has been accustomed to do, and travel to the place of work involves expenses substantially greater than that required
for the individual's former work;
d. The remuneration, hours or other conditions of the work offered are substantially less favorable to the individual than
those prevailing for similar work in the locality; or
e. The referral or offer was for full-time work and the individual is permitted to seek only part-time work under the provisions
of § 3315(3) of this title.
(4) For any week with respect to which the Department finds that the individual's total or partial unemployment is due to
a stoppage of work which exists because of a labor dispute (other than a lockout) at the factory, establishment or other premises
at which the individual is or was last employed. For purposes of this subsection, a lockout exists when:
a. The contract between the employing unit and the individual's bona fide labor organization has expired and contract negotiations
are continuing;
b. The individual, through a bona fide labor organization, has offered to continue working for a reasonable time under the
preexisting terms and conditions of employment so as to avert a work stoppage pending the final settlement of the contract
negotiations; and
c. The employing unit has refused to permit work to continue and maintain the status quo for a reasonable time pending further
negotiations.
(5) For any week with respect to which or a part of which the individual has received or is seeking unemployment benefits
under an unemployment compensation law of another state or of the United States, but if the appropriate agency of such other
state or of the United States finally determines that the individual is not entitled to such unemployment benefits, this disqualification
shall not apply.
(6) If the Department determines such individual has made a false statement or representation knowing it to be false or knowingly
has failed to disclose a material fact to obtain benefits to which the individual was not lawfully entitled, and such disqualification
shall be for a period of 1 year beginning with the date on which the first false statement, false representation or failure
to disclose a material fact occurred. A disqualification issued pursuant to this subsection shall be considered a disqualification
due to fraud.
(7) For any week with respect to which the Department finds that the individual has become unemployed by reason of commitment
upon conviction and sentencing to any penal institution and for each week thereafter until the individual has been employed
in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in covered employment equal to not less than
4 times the weekly benefit amount. Wage credits earned in the individual's most recent employment prior to such commitment,
if from employment under this title in the employ of any employer liable for assessments under § 3348 of this title, shall
not constitute employer's benefit wages in connection with §§ 3349-3356 of this title. Any employer liable for reimbursement
payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with § 3345 of this title
when an individual becomes eligible for benefits upon separation from a subsequent employer.
(8) If it shall be determined by the Department that total or partial unemployment is due to the individual's inability to
work. Such disqualification to terminate when the individual becomes able to work and available for work as determined by
a doctor's certificate and meets all other requirements under this title.
(9) Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating
in sports or athletic events or training or preparing to so participate, for any week which commences during the period between
2 successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or
similar periods) and there is a reasonable assurance that such individual will perform such services in the latter of such
seasons (or similar periods).
(10)a. Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was
lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing
such services or was permanently residing in the United States under color of law at the time such services were performed,
including an alien who was lawfully present in the United States as a result of the application of § 212(d)(5) [8 U.S.C. §
1182(d)(5)] of the Immigration and Nationality Act.
b. Any data or information required of individuals applying for benefits to determine whether benefits are not payable to
them because of their alien status shall be uniformly required from all applicants for benefits.
c. In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits
to such individual are not payable because of the individual's alien status shall be made except upon a preponderance of the
evidence.
(11)a. Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for
any week because the individual is in training, approved under § 236(a)(1) of the Trade Act of 1974 [19 U.S.C. § 2296(a)(1)],
nor shall such individual be denied benefits by reason of leaving work to enter such training, provided the work left is not
suitable employment, or because of the application to any such week in training of provisions in this law (or any applicable
federal unemployment compensation law), relating to availability for work, active search for work or refusal to accept work.
b. For purposes of this subdivision, the term "suitable employment" means, with respect to an individual, work of a substantially
equal or higher skill level than the individual's past adversely affected employment (as defined for purposes of the Trade
Act of 1974), and wages for such work at not less than 80 percent of the individual's average wage as determined for the purposes
of the Trade Act of 1974.
41 Del. Laws, c. 258, § 5; 42 Del. Laws, c. 196, §§ 13-16; 43 Del. Laws, c. 280, §§ 6-9; 44 Del. Laws, c. 207, § 6; 46 Del. Laws, c. 162, §§ 4-7; 19 Del. C. 1953, § 3315; 50 Del. Laws, c. 49, § 1; 50 Del. Laws, c. 115, §§ 5, 6; 53 Del. Laws, c. 32, §§ 1, 2; 53 Del. Laws, c. 79, § 1; 53 Del. Laws, c. 357, § 2; 57 Del. Laws, c. 669, § 5B; 58 Del. Laws, c. 518; 61 Del. Laws, c. 186, §§ 18-20; 61 Del. Laws, c. 452, § 6; 63 Del. Laws, c. 427, § 7; 65 Del. Laws, c. 514, §§ 1-5; 66 Del. Laws, c. 389, § 1; 67 Del. Laws, c. 318, § 1; 67 Del. Laws, c. 435, § 1; 68 Del. Laws, c. 143, § 1; 68 Del. Laws, c. 247, §§ 1-3; 68 Del. Laws, c. 421, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 311, § 1; 72 Del. Laws, c. 361, § 1; 74 Del. Laws, c. 306, §§ 1, 2; 77 Del. Laws, c. 71, §§ 2-8.;
§ 3315. Eligibility for benefits.
An unemployed individual shall be eligible to receive benefits with respect to any week only if the Department finds that
the individual:
(1) Has registered for work at and thereafter continued to report at an employment office in accordance with such regulations
as the Department prescribes, except that the Department may, by regulation, waive or alter either or both of the requirements
of this subdivision as to individuals attached to regular jobs and as to such other types of cases or situations with respect
to which it finds that compliance with such requirements would be oppressive or would be inconsistent with the purposes of
this chapter, but no such regulation shall conflict with § 3312 of this title;
(2) Has made a claim for benefits with respect to such week in accordance with such regulations as the Department prescribes;
(3) Is able to work and is available for work and is actively seeking work; provided, however, that an employee, not otherwise
disqualified or ineligible for benefits under the chapter, who is temporarily laid off for a period of not more than 45 calendar
days following the last day the employee worked, except that the period for those employees of employers who close down for
annual model changes or retooling shall be 63 calendar days, shall, during said period, be deemed to be available for work,
except that said employee shall be available to return to work upon 3 days notice of the employee's employer, and actively
seeking work if the employee's employer notified the Department in writing or the Department otherwise determines that such
layoff is temporary and that work is reasonably expected to be available for said employee within said period or within a
lesser period estimated by the employer, and the Department may, by regulation, waive or alter the requirements that such
individual be able to work, available for work and actively seeking work as to such types of cases or situations with respect
to which it finds that compliance with such requirements would be oppressive or would be inconsistent with the purpose of
this chapter. Provided further than an individual who has been involuntarily retired shall be entitled to receive benefits,
and the individual shall be required to be available only for the kind or type of work which is suitable for the individual
in view of individual's age, physical condition and other circumstances; but no claimant shall be considered ineligible in
any week of unemployment for failure to comply with this subdivision if such failure is due to an illness or disability which
occurs after the claimant has registered for work and no work which would have been considered suitable at the time of the
claimant's initial registration has been offered after the beginning of such illness or disability. The Department shall require
the submission of a doctor's certificate to establish the existence of such illness or disability, and, thereafter, the Department
shall require a doctor's certificate not less than once every 4 weeks to establish any continuation of such illness or disability.
Provided that no unemployed individual shall become ineligible for benefits solely because the individual regularly attends
a vocational training course which the Department has approved and which it continues from time to time to approve for the
individual. The Department may approve such course for an individual only if:
a. Reasonable employment opportunities for which the individual is fitted by training and experience do not exist in the locality
or are severely curtailed;
b. The training course relates to an occupation or skill for which there are expected to be in the immediate future reasonable
employment opportunities in the locality;
c. The training course is determined by the Department to be reasonably calculated to meet the purposes of this subdivision;
and
d. The individual, in the judgment of the Department, has the required qualifications and aptitudes to complete the course
successfully.
No individual shall be determined ineligible for the receipt of unemployment insurance benefits for any week in which they
are available for and seek only part-time work, if the majority of weeks of work in their base period were in part-time employment.
For purposes of this paragraph, "seeking only part-time work" is work meeting any 1 of the following conditions: (i) the individual
is willing to work at least 20 hours per week; (ii) the individual is available for a number of hours per week that are comparable
to the individual's part-time work in the base period; or (iii) the individual is available for hours that are comparable
to the individual's work at the time of the most recent separation from employment.
(4) Participates in reemployment services, such as job search assistance services, if the individual has been determined to
be likely to exhaust regular benefits and need reemployment services pursuant to a profiling system established by the Department,
unless the Department determines that:
a. The individual has completed such services; or
b. There is justifiable cause for the claimant's failure to participate in such services.
(5) No week shall be counted as a week of unemployment for the purposes of this subdivision:
a. Unless it occurs within the benefit year which includes the week with respect to which the individual claims payment of
benefits;
b. Unless the individual was eligible for benefits with respect thereto as provided in this section and § 3314 of this title,
except for the requirements of this subdivision and of subdivision (5) of § 3314 of this title;
(6)a. Has, during the individual's base period, been paid wages for employment equal to not less than 36 times the individual's
weekly benefit amount, and, as used in this subdivision, "wages" means wages for employment by employers for benefit purposes
with respect to any benefit year only if such benefit year begins subsequent to the date on which the employing unit by which
such wages were paid has satisfied the conditions of subdivision (8) of § 3302 of this title or § 3343 of this title with
respect to becoming an employer.
Any other provision of this subdivision notwithstanding, any otherwise eligible individual, the total amount of those wages
paid to the individual during the individual's base period is less than the amount required to have been received under this
subdivision, may be eligible to receive benefits if the difference between 36 times the individual's weekly benefit amount
and the total amount of the individual's wages during the individual's base period does not exceed $180, but the amount of
the individual's weekly benefit shall be reduced by $1 for each $36 or major fraction thereof by which the total amount of
the individual's base period wages is less than 36 times the individual's weekly benefit amount. In no event shall any such
individual be eligible for benefits if the total amount of wages paid to the individual during the individual's base period
was less than $360; however, for claims filed for weeks of unemployment beginning July 1, 1975, no such individual shall be
eligible for benefits if the total amount of wages paid the individual during the individual's base period was less than $720.
b. Wages paid to an individual prior to the date on which the individual filed a valid claim for benefits, but not paid until
after the base period for such claim, may be considered as wages in a subsequent base period, relating to a new benefit year,
only if subsequent to the date on which the individual filed such earlier valid claim such individual had become newly employed
and had been paid wages in such new employment equal to not less than 10 times the individual's new weekly benefit amount.
This paragraph shall apply to any new claim filed after August 9, 1961.
(7) Benefits based on service in employment defined in § 3302(10)(B)(iii) and (C) of this title shall be payable in the same
amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to
this title, except that:
a. With respect to weeks of unemployment beginning after December 31, 1977, benefits shall not be paid based on services in
an instructional, research or principal administrative capacity for an educational institution for any week of unemployment
commencing during the period between successive academic years or terms (or, when an agreement provides instead for a similar
period between 2 regular but not successive terms, during such period) to any individual if such individual performs such
services in the first of such academic years (or terms) and if there is a contract or a reasonable assurance that such individual
will perform service in any such capacity for any educational institution in the second of such academic years or terms.
b. With respect to weeks of unemployment beginning or ending after September 3, 1982, benefits shall not be paid on the basis
of services in any other capacity for an educational institution to any individual for any week which commences during a period
between 2 successive academic years or terms if such individual performs such services in the first of such academic years
or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic
years or terms, except that if compensation is denied to any individual under this paragraph and such individual was not offered
an opportunity to perform such services for the educational institution for the second of such academic years or terms, such
individual shall be entitled to a retroactive payment of compensation for each week of unemployment beginning after September
3, 1982, for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason
of this paragraph.
c. With respect to any services described in paragraphs a. and b. of this subdivision, compensation payable on the basis of
such services shall be denied to any individual for any week which commences during an established and customary vacation
period or holiday recess if such individual performs such services in the period immediately before such vacation period or
holiday recess and there is a reasonable assurance that such individual will perform such services in the period immediately
following such vacation period or holiday recess.
d. With respect to any services described in paragraphs a. and b. of this subdivision, compensation shall be denied as specified
in paragraphs a., b. and c. of this subdivision to any individual who performed such services in an educational institution
while in the employ of an educational service agency. For purposes of this paragraph the term "educational service agency"
means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing
such services to 1 or more educational institutions.
e. If the provisions of the Federal Unemployment Tax Act [26 U.S.C. §§ 3301-3311] permit, paragraphs a., b., c. and d. of
this subdivision shall apply to the minimum extent consistent with the Federal Unemployment Tax Act, and such application
shall be prescribed in regulations by the Secretary of Labor.
41 Del. Laws, c. 258, § 4; 42 Del. Laws, c. 196, § 12; 43 Del. Laws, c. 280, §§ 4, 5; 43 Del. Laws, c. 281, § 5; 44 Del. Laws, c. 207, § 5; 45 Del. Laws, c. 267, § 6; 46 Del. Laws, c. 162, § 3; 19 Del. C. 1953, § 3314; 50 Del. Laws, c. 50, § 1; 50 Del. Laws, c. 115, § 4; 53 Del. Laws, c. 158, § 5; 53 Del. Laws, c. 357, § 1; 54 Del. Laws, c. 79, § 1; 55 Del. Laws, c. 222; 55 Del. Laws, c. 358, § 2; 55 Del. Laws, c. 436; 58 Del. Laws, c. 143, § 6; 58 Del. Laws, c. 209; 58 Del. Laws, c. 522, §§ 16-18; 60 Del. Laws, c. 138, § 3; 61 Del. Laws, c. 186, §§ 16, 17; 61 Del. Laws, c. 452, §§ 2-5; 63 Del. Laws, c. 76, § 6; 64 Del. Laws, c. 114, § 4; 64 Del. Laws, c. 427, §§ 2, 3; 69 Del. Laws, c. 273, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 306, § 3; 77 Del. Laws, c. 71, § 9.;
(a) In the case of a claimant whose base period earnings represent 75 percent or more earnings received for seasonal employment,
benefits shall be payable in any benefit year in any given calendar month only if the claimant had been employed in the corresponding
month of the claim base period.
(b) As used in this section, "seasonal employment" means employment in a seasonal industry by an individual who has been engaged
in such industry during the claim base period and who, during the portion or portions of the year when such industry was not
in operation, was not engaged in any other work. No occupation or industry shall be deemed to provide seasonal employment
that is not part of the first processing of agricultural products and/or seafood products.
(c) For the purposes of this section, a week shall be considered to fall within a month if 4 or more days of the week fall
within such month. The limitations of this section shall not apply to the payment of benefits for partial employment.
66 Del. Laws, c. 392, § 1.;
§ 3317. Filing of claim for benefit; regulations of Department; posting.
(a) Claims for benefits shall be made in accordance with such regulations as the Department prescribes. Each employer shall
post and maintain printed statements of such regulations in places readily accessible to individuals in the employer's service
and shall make available to each such individual at the time the individual becomes unemployed a printed statement of such
regulations. Such printed statements shall be supplied by the Department to each employer without cost to the employer.
(b) Whenever an individual files a claim for benefits, the Department shall forward to the employer by whom the claimant was
most recently employed, hereafter the "last employer", and to each base period employer relating to the individual's claim
a separation notice. The last and base period employer(s) shall return such notices completed, indicating the reason for the
claimant's separation from work with them and the individual claimant's last date of work with them, within 7 days of the
date contained on the separation notice. Any last or base period employer who fails to timely return a separation notice or
who fails to complete a separation notice within the period prescribed above shall be barred from claiming subsequently that
the individual claimant to whom such separation notice applied shall be disqualified under any provisions of § 3314 of this
title and shall be barred from seeking relief from benefit wage charges to its experience merit rating account under §§ 3349-3356
of this title unless the Department for reasons found to constitute good cause, shall release such employer from the default.
If the last or base period employer fails to timely submit a completed separation notice, the Department shall not be required
to issue a determination on said claim or to make an examination of said claim or be required to follow the remaining procedures
as set forth in §§ 3318-3
