The Division of Paid Leave will be holding a series of four Public Information Sessions in late September and early October in each of our three Counties & at different times of the day to give Delaware employers a range of opportunities to learn about the new Paid Family Medical Leave mandate. Please join us either in-person or online to learn how Delaware employers can get ready for Paid Leave. To register, CLICK HERE

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 any questions about either extending your existing paid time off plan or reducing the maximum number of weeks that your employees can take for Parental Leave, please contact our 24/7/365 Grandfathering Hotline at (302) 761-8375.

Here’s What You Need to Know.

If You Currently Have a Paid Family Medical Leave Program.

If you offer a private paid leave benefit that is comparable to Delaware Paid Leave, you can apply to opt out of the Delaware Paid Leave plan so that your existing paid leave benefit is grandfathered.  To qualify for grandfathering, your benefit program must:

As an employer, you must make your choice to temporarily extend your existing paid time off benefits by January 1, 2024.

If you have between 10 and 24 employees, you can reduce your employees’ maximum Parental Leave benefit duration from the normally required 12 weeks to anywhere between 6 and 11 weeks. You can do this through the same online application process.

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.

October 1, 2023 to January 1, 2024 – Portal opens to allow employers to Grandfather existing paid time off benefits and/or reduce their employees’ Parental Leave duration.

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 – Contributions for Delaware Paid Leave begin.

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

Resources

FAQs

• PFML Overview FAQ
• Parental Leave Duration FAQ
• Grandfathering FAQ
• Grandfathering Appeals FAQ

Delaware Paid Leave Public Forum, July 19th

• Download presentation
• Recording link

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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.