Delaware Code § 29-5257

Return to work
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(a) Once an employee has been determined to have the ability to return to employment by the Committee, the employee will receive
the following assistance:
(1) Merit employees may be placed in any vacant merit position, for which they qualify, by the Secretary of the Department of
Human Resources.
(2) Nonmerit state employees, and employees from nonstate employers will be placed by that employer into a vacant position within
their respective agency for which the employee qualifies.
(b) Once an individual has been determined to have the ability to return to employment by the committee, the individual will receive
the following assistance:
(1) Former merit employees enrolled in and previously deemed eligible for the Long-Term Disability Program may, when available
and appropriate, be placed by the Department of Human Resources in any merit position, for which they qualify without a certification
list, as long as the paygrade does not exceed their paygrade at the time of their acceptance into and eligibility for the Short-Term
Disability Program. Exceptions to the paygrade limitation may be made for vacancies for which a documented shortage of qualified
applicants exists.
(2) Former nonmerit employees enrolled in and previously deemed eligible for the Long-Term Disability Program will be placed by
their previous employer into a vacant position within their respective agency for which they qualify.

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