§ 5124

(a) An unpaid leave of absence may not be granted to a state employee for the purpose of serving a term of incarceration imposed upon the employee after a conviction as defined in § 222(3) of Title 11. (b) The term 'state employee' means an employee in any position of state employment, except a constitutionally created position or an elected position. State employees include, but are not limited to: classified service positions; merit comparable positions; school district employees; and employees of the Delaware State Police.77 Del. Laws, c. 11, § 1;