Delaware’s Paid Family and Medical Leave program is now in effect. Signed into law as part of the Healthy Delaware Families Act in 2022, the program began collecting employer contributions on January 1, 2025, and employees became eligible to submit claims on January 1, 2026. If your organization has employees who work primarily in Delaware, your compliance obligations are active right now.
Who is eligible for Delaware Paid Leave?
Delaware Paid Leave covers most employees who work primarily in Delaware, have been employed for at least 12 months, and have worked at least 1,250 hours in the prior year. Coverage requirements are tiered by employer size: organizations with fewer than 10 Delaware-based employees are exempt; those with 10 to 24 employees must provide parental leave only; and those with 25 or more employees are required to offer full coverage, including parental, medical, family caregiver, and military qualifying exigency leave.
What new protections does Delaware Paid Leave grant employees?
As of January 1, 2026, eligible Delaware workers now have access to paid medical leave (PML) if they are unable to work due to injury or illness, including pregnancy and childbirth, paid parental leave (PPL) to bond with a new child, and paid family leave (PFL) to address a military exigency and to care for a family member with a serious health condition.
What wage replacement does Delaware Paid Leave offer?
Employees will get up to 80% of their wages, up to $900 per week.
Do employers have to pay for Delaware Paid Leave, and if so, how does that work?
The program is funded through payroll contributions totaling 0.8% of an employee’s taxable wages. Employers can require employees to contribute up to half the cost, meaning each party may contribute 0.4%. Contributions began on January 1, 2025.
Does Delaware Paid Leave interact with other types of leave?
Yes. Any leave that qualifies under Delaware Paid Leave runs concurrently with eligible leave under the employer’s own policy and the FMLA, where applicable. Delaware Paid Leave may not be taken in addition to FMLA leave. Employers may also require employees to exhaust paid time off, vacation, or sick leave during a Delaware Paid Leave absence. Additionally, employers can require employees to use up to 75% of their accrued PTO before Delaware Paid Leave benefits begin.
Does Delaware Paid Leave offer job protection?
Yes, Delaware Paid Leave offers benefits similar to FMLA.
What leave options does Delaware Paid Leave provide employees?
Delaware Paid Leave provides paid leave for an eligible employee to:
- Care for a new child (up to 12 weeks per year)
- Care for a family member with a serious health condition (up to 6 weeks every 24 months),
- Address a personal serious health condition or injury (up to 6 weeks every 24 months), or
- Assist while loved ones are on overseas military deployment (up to 6 weeks every 24 months)
What documents can employers ask employees to provide?
Employees submit claims through the Delaware LaborFirst portal and may be required to provide medical certification or other documentation supporting their leave reason. Employers have five business days to approve or deny a claim and must provide reasons for any denial. Approved claims must be reported to the Delaware Department of Labor within three business days.
When does an employee need to give notice of their Delaware Paid Leave?
Employees must provide 30 days (about 4 and a half weeks) advance notice of the need for leave if known, or as soon as practicable. Employers will have five business days to approve or deny an employee’s claim for benefits, providing reasons for any denial, and another three business days to notify the Delaware Department of Labor (DDOL) about an approved claim.
How can your HR team ensure they are compliant with Delaware Paid Leave?
Employers should work with internal and external counsel or a benefits administrator to determine how benefits will be administered and how contributions will be remitted. Organizations that want to offer benefits through a private plan rather than the state program can apply on a rolling basis, with plan effective dates of January 1, April 1, July 1, or October 1 each year. Applications must be submitted at least 30 days before the start of the relevant calendar quarter.
For HR teams managing leave across multiple states, tracking Delaware Paid Leave alongside FMLA, ADA, and other state programs adds real complexity. To learn how AbsenceSoft helps teams stay compliant with 200+ federal and state leave laws, schedule a demo with a CLMS-certified expert today.