(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:
77 Del. Laws, c. 11, § 1.
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