Delaware
View our “Leave Highlights” below to see recent and upcoming legislative changes to this state’s family and medical leave program(s) or scroll down further to get a Deep Dive.
Last Updated: 10/15/2024
Deep Dive – State Leave and Pay Programs
Delaware at a Glance
Delaware is scheduled to implement a new paid and job-protected leave law called the Family and Medical Leave Insurance Program (DE PFML). Employers will be required to remit contributions to the program beginning January 2025. Contributions are employer funded or may be shared between the employer and the employee. Employees will be able to access leave benefits under the program from January 2026. We recommend seeing the above “Leave Highlights”, if you wish to learn more about this law and we also have some resources below. We will continue to keep our clients posted on any updates concerning this law.
Where an employee is eligible for each law, DE PFML (once this law is active) will run concurrently with federal FMLA.
For an additional reference regarding how each law relates to one another, in addition to the employee/employer eligibility criteria for these laws, please see the table below in “Leave Types, Benefit Amounts and Durations”.
As part of our leave of absence service, The Larkin Company will track DE PFML leaves (once this law is active) and advise employees on how to file for the income replacement benefits associated with DE PFML.
Coverage Options and Funding (State Income Replacement Benefits)
Employer Notice Requirements
Some leave laws require that you notify your employees about their rights under the law, such as, by providing a prescribed notice to new hires, displaying a poster in the workplace, and/or including information about that leave law in your company handbook. Below you will find a summary of the requirements for each law.
Where the law requires that a leave poster/notice must be provided to the employee when they request leave, The Larkin Company will provide the applicable document within our introductory leave packets (see “Larkin Enclosures” within this resource).
Employer Statements Process (State Income Replacement Benefits)
Employers may be required to complete employer forms (as part of an employee’s claim for benefits) for certain state income replacement programs, so they must be prepared to look up employee information and respond within the given timelines. However, currently, there are no state leave income replacement benefits in Delaware. Once the state provides clarification on the employer statements process for the new DE PFML program, we will provide this information.
State Resource Links
State Website(s)
DE Family and Medical Leave Insurance, DE PFML (Leave Law. Effective 01/01/26)
State Law and Regulation(s)
DE PFML Law
DE PFML Regulations
Contribution Registration (Paid Leave) – no details available yet.
For general information regarding contributions for this state, please see here.
Disclaimer
The Larkin Company has taken reasonable steps to ensure the accuracy of the information on this page, however we make no representation or warranty of any kind as to its accuracy or completeness. These resources should not be construed or substituted for legal advice. Accordingly, before taking any actions based upon such information provided herein, we encourage you to seek competent legal advice from a licensed attorney or appropriate professionals.