Delaware has passed a new Family and Medical Leave Insurance Program (DE PFML), also known as the Healthy Delaware Families Act. Contributions for this program began January 1, 2025. The benefits associated with the law become available as of January 1, 2026.

The DE PFML will provide medical and family caregiver leave (leave for an employee’s own serious health condition, to care for a family member, and military exigency leave). Additionally, DE PFML provides parental leave to bond and care for a new child during the first year of birth. 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 law provides job protection and continuation of group health insurance benefits. The benefit amount payable to employees will be 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. 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. Additionally, covered employees are those with at least 1,250 hours of service with the current employer within Delaware in the previous 12-month period, with at least 12 months of service, 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 exact process is to be determined by the state – we will provide more guidance as we receive updates.

The contribution rate for the program will be 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 will be 0.40%
• Family Caregiver Leave will be 0.08%
• Parental Leave will be 0.32%

The Delaware Department of Labor Division of Paid Leave (the “Division”) now has a page on their website devoted to “Delaware Paid Leave”. You can also read the recently published regulations. If you have questions or would like to set up a presentation, you can email PFML@delaware.gov. A portal opened on October 1, 2023 to allow employers to grandfather existing paid time off benefits (see section 17.5.2 of the regulations for more details). 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.

Update (08/18/25): Delaware recently enacted House Bill 128 to amend some aspects of the program effective immediately.

• Employees cannot be required to use accrued paid time off prior to receiving DE PFML benefits, however both the employee and employer may agree to the use of employer-provided accrued paid time off to supplement benefit payments provided.
• The DE PFML program will now be the primary payor, so employers must coordinate other income replacement benefits an employee may be eligible for according to their applicable policies (e.g., short-term disability plans).
• Individuals filing for DE PFML will be required to disclose whether they owe child support obligations. If they do, the Department will notify the state or local child support enforcement agency, and deduct and withhold the child support obligations from the individual’s benefit amount.
• Employers with an approved private plan will not be required to submit claim documentation to the Department, unless said claim is the subject of an appeal, complaint, audit, or specific inquiry from the Department. Further, private plan employers with fewer than 25 employees that voluntarily elect to provide coverage will be subject to all of the provisions of the law.

Update (12/15/25): Delaware has published another amendment to the DE PFML program’s regulations effective December 11, 2025.

• The definition of an “application year” has been amended to be defined as the 12-month period measured forward from the first date of an employee’s PFML leave for all employers, including those who are self-insured. Previously, the definition mirrored the measuring period allowed under the federal FMLA.
• The definition of an “employee” has also been amended to cover employees who earn wages in Delaware, rather than where an employee physically worked. Now, employees are considered primarily working in Delaware if they earn at least 60% of their wages in Delaware.
• Employers with 10-24 employees have obligations to provide parental leave only, but may voluntarily provide additional coverage for medical, family care, and qualifying exigency leaves. If an employer elects to provide additional coverage, they are prohibited from requiring employees to make contribution payments toward those voluntarily provided benefits. Employers would need to assume the full cost of the additional leave coverage, unless they have written agreement with the affected employees to share the cost

Be sure to update any policies created in line with these changes before the program goes live on January 1, 2026.

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