May 26, 2022

Delaware Passes Paid Family and Medical Leave Law

 

Delaware has enacted the Healthy Delaware Families Act, requiring job-protected, paid family and medical leave for Delaware employees. The leave is funded by employer and employee contributions that begin Jan. 1, 2025.

Covered Employers and Employees

The law covers employers with 10 or more employees working in Delaware; however, only parental leave requirements apply to employers with 10 to 24 employees. In addition, the law does not apply to businesses that are completely closed for 30 or more consecutive days per year.

In general, employees are eligible for leave if they have been employed for 12 months by their current employer, worked 1,250 hours during that time and primarily report for work at a worksite in Delaware.

Family and Medical Leave Benefits

Employers approve or deny applications for the leave, subject to appeal. Workers receive up to 12 weeks’ parental leave per year for child bonding, but employers with fewer than 25 employees may reduce an employee’s parental bonding leave by half for the first five years of the program. Leave is limited to six weeks per any 24-month period for an employee’s or family member’s serious health condition or for a qualifying military exigency. Total combined family and medical leave is capped at 12 weeks per year per employee.

Workers receive 80% of their average weekly wage, up to a maximum of $900 in 2026 and 2027, with increases thereafter linked to the consumer price index

Funding

Program funding is shared equally between employers and employees via payroll contributions. The 2025 and 2026 contribution rate is 0.4% of wages for medical leave, 0.08% for family caregiving leave and 0.32% for parental leave.

July 1, 2022
Healthy Delaware Families Act takes effect.Jan. 1, 2025
Employers must begin submitting payroll contributions to the state.Jan. 1, 2026
Leave benefits become available.

 


Employers with fewer than 10 employees are not subject to the law, and employers with 10-24 employees are subject only to the law’s parental leave requirements.

 

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