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Delaware Department of Labor



Delaware Paid Leave Is Coming It's time to get your business ready!




A stylistic illustration showing a person a wheel chair on the right, enjoying the outdoors, facing his parents and two siblings on the left. In the center, is text that reads: Delaware Paid Leave. Family and Medical Leave Insurance Program

Delaware Paid Leave goes into full effect January 1, 2026.

It’s a win-win for employees who need support during a health or family event, and for employers who want to attract and retain top-quality personnel. Most businesses with 10 or more employees are required to participate. Get to know the guidelines now so you’re ready to fulfill the requirements later.

If you are an employer and you have questions, please contact us at 302-761-8375 (calls received after 4:30pm will be answered the next business day) or PFML@delaware.gov.

Here’s What You Need to Know.

How Delaware Paid Leave Works.

Delaware Paid Leave offers paid leave to employees who have been employed for at least one year and at least 1,250 hours with a single employer. If their leave is approved, employees will get up to 80% of their wages (up to $900 per week) to cover the following:

  • 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)

Employees are limited to a maximum of 12 weeks of total, combined leave per year.

The program will be funded by less than 1% of an employee’s weekly salary. Employers can require employees to contribute up to half the cost.

What Businesses Must Comply.

Participation in Delaware Paid Leave is mandatory for most businesses with 10 or more employees.

Employer TypeLeave Requirements
9 or fewer employeesExempt
10 to 24 employeesParental Leave Only
25 or more employeesFull Coverage
Federal government employeesExempt
Seasonal operations that shut down for a month or moreExempt
A stylistic illustration of a calendar flanked by a family and text: Key Rollout Dates.

To make Delaware Paid Leave easier to implement, it will be done in stages.

May 11, 2022 – Delaware Paid Leave (Paid Family and Medical Leave Insurance Program) was signed into law.

July 11, 2023 – The regulations for Delaware Paid Leave went into effect.

March 11, 2024 – 2nd Round of PFML Regulations becomes effective.

September 1, 2024 to December 1, 2024 – Opt-In/Opt-Out opens for employers who wish to use a private plan to opt-out and for small groups to opt-in to Delaware Paid Leave.

January 1, 2025 – Payroll deductions for Employers who require their employees to share in the cost of the plan begins.

April 30, 2025 – First Due Date for PFML contributions.

January 1, 2026 – Employees can begin to submit claim applications for payment.

Resources

FAQs

Delaware Paid Leave Public Forums

Healthy Delaware Families Act

Signed into law on May 10, 2022, this Act created the Delaware Paid Leave insurance program that requires employers in the state to provide their employees with Paid Family Medical Leave.

Regulations for Delaware Paid Leave

These regulations explain and clarify the provisions of the Healthy Delaware Families Act. Additional regulations are forthcoming on issues that remain to be further detailed.

Summary of Public Comments

More Questions? Check Out Our FAQs.

Information about compensation, employee eligibility, and more is here. Answers to most Frequently Asked Questions will help you learn more about Delaware Paid Leave.

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If you have a question about Delaware Paid Leave, or would like to schedule a presentation for your business, email PFML@delaware.gov.





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