Delaware Paid Family and Medical Leave (DE PFML)

Delaware’s Family and Medical Leave Insurance Program (DE PFML) began on January 1, 2026, providing employees with leave for an employee’s own serious health condition, for pregnancy disability, to care for a family member, military exigency leave, and parental leave to bond with a new child during the first year of birth. The law provides job protection and continuation of group health insurance benefits. Employees can take a maximum of 12 weeks for parental leave in an application year while the maximum number of weeks an employee can take for medical and family caregiving is 6 weeks in any 24-month period. Employees can take a maximum of 12 weeks of total paid leave in a single year (i.e., between parental, medical, and family caregiving leave). The benefit amount payable to employees is up to 80% of their average weekly wage, up to $900 per week. Note that wages in this case are not determined by the employee’s base salary, but instead are based on FICA wages; this includes bonuses, overtime, commissions, and other such earnings. Employees cannot be required to use accrued paid time off prior to receiving DE FPML benefits, however they can be used to supplement benefit payments with mutual agreement with their employer. DE PFML benefits are the primary payor, so other income replacement benefits must coordinate with the state benefits (e.g., short-term disability plans). Benefits will not be payable if the employee qualifies for and is receiving worker’s compensation, unemployment benefits, or personal injury protections due to an injury from an automobile accident.

The law applies to employers with 10 or more employees; however, employers with 10 to 24 employees would be subject only to the parental leave provisions of the law but can opt-in for full coverage. Aside from this, to qualify as a covered employer, these employees must be primarily working in the state of Delaware, i.e., they must earn at least 60% of their wages in Delaware. Additionally, covered employees are those with at least 12 months and 1,250 hours of service with their current employer within Delaware in the previous 12-month period, and has earned at least 60% of their wages in the state.

Employers must approve or deny an application for benefits within five business days of their receipt of a completed application that includes documentation necessary to review the claim. The employer must notify the state within three business days of approving a claim. If an employer denies a claim, it must notify the employee of the reason for the denial.

The contribution rate for the program is 0.8% for 2025 and 2026. Employers can deduct up to 50% of contributions from employees or pay the 0.8% themselves. The total contribution of 0.8% covers the cost of the different benefit types (medical, family and parental). To be specific:

• Medical Leave is 0.40%
• Family Caregiver Leave is 0.08%
• Parental Leave is 0.32%

The Delaware Department of Labor Division of Paid Leave (the “Division”) has a page on their website devoted to “Delaware Paid Leave”. You can also read the published regulations. Additionally, the Notice of Employee rights is available on the DE PFML website. There are conditions as to when the notice should be provided; please see our “Notice Requirements” section below for the full details.”

The law does not state any requirements for updating employer handbooks. However, you may wish to add information in your handbooks about the DE PFML as the live date of the program draws nearer.

We generally recommend adding information about state leave benefits in your handbooks, even when not legally required.

The Notice of Employee Rights should be provided to new hires, when an employee requests leave, and when an employer becomes aware an employee’s leave may be considered a qualifying event under DE PFML. Notice can be provided electronically to an employee’s work or personal email.

DE SB1 Bill (DE PFML)
DE PFML Regulations
Delaware Department of Labor Website for Paid Leave