Delaware

Delaware enacted its Paid Family and Medical Leave (PFML) program in 2022 and will begin paying benefits in 2026. Employers can opt-out of the state program in favor of a private plan that is equal or better than the state program.  

Eligibility:

Employers

Any organization that employs employees working in Delaware.

Employers with under 10 employees are not covered by the program.

Employees

Employees are eligible for PFML if they have worked 12 months with their employer and have at least 1,250 hours worked in the prior year.

Seasonal employees and employees eligible for state benefits are not included.

Benefits overview

Qualifying Reasons

Medical leave

  • Employee’s own serious health condition

Family leave

  • Bond with a new child after birth, adoption, or foster care placement
  • Care for a family member with a serious health condition
  • Military exigency related to a family member’s active military duty or call to active duty

Duration of Leave

Employers with:

10-24 employees: 12 weeks of parental leave

25+ employees: 12 weeks of parental leave and 6 weeks of medical or family caregiving leave in a 24-month period

Benefit Calculation

80% wage replacement

The maximum benefit is $900

The minimum benefit is $100

Waiting Period

There is no waiting period under Delaware PFML so benefit payments begin as of the start date of leave

Leave Frequency

Leave can be taken continuously or intermittently. Leave is not payable for less than 1 work day.

Job Protection

Delaware PFML is job protected leave

Additional information:  

Private Plans 

Employers may opt out of the state plan in favor of a private plan.

A private plan must:

  • Provide equal to or better benefits than those under the state plan
  • Cover all employees employed by the employer
  • Guarantee employee contributions are not greater than what the employee would pay under the state plan
  • Include no additional requirements or conditions than the state plan

Employers wishing to use a private plan when the program launches in 2026 can opt-out of the state plan between September 1, 2024 and December 1, 2024.

Covered Family Members

Under Delaware FAMLI, employees may take family leave to care for a family member with a serious health condition. Covered relationships include:

  • Spouse (as defined under FMLA)
  • Child
  • Parent (as defined under FMLA)

To learn more about Delaware’s paid leave program, visit the Delaware Paid Leave website.

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