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
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
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
80% wage replacement
The maximum benefit is $900
The minimum benefit is $100
There is no waiting period under Delaware PFML so benefit payments begin as of the start date of leave
Leave can be taken continuously or intermittently. Leave is not payable for less than 1 work day.
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.