Delaware Paid Family Leave Laws

Delaware’s Healthy Delaware Families Act establishes a Paid Family and Medical Leave (PFML) insurance program, providing eligible employees with compensated time off for specific family and medical reasons.

What is Paid Family Leave?

Paid Family Leave (PFL) allows employees to receive partial wage replacement while taking time off to address qualifying family or medical needs, such as bonding with a new child or caring for a seriously ill family member. This benefit ensures financial stability during significant life events.

Does Delaware Have Paid Family Leave Laws That Differ from Federal Family Leave Laws?

Yes, Delaware’s PFML program differs from the federal Family and Medical Leave Act (FMLA) in several ways:

• Income Replacement: Delaware’s PFML provides up to 80% wage replacement, whereas FMLA offers unpaid leave.
• Employer Coverage: Delaware’s law applies to employers with 10 or more employees, while FMLA covers employers with 50 or more employees. Employers with 10-24 employees must provide parental leave but other lines of coverage are voluntary. If an employer does offer it voluntarily, employees may not be required to contribute.
• Leave Duration: PFML offers up to 12 weeks of paid parental leave and up to 6 weeks for other qualifying events within a 24-month period, whereas FMLA provides up to 12 weeks of unpaid leave within a 12-month period.

What Counts as a Qualifying Event for Paid Family Leave in Delaware?

Qualifying events under Delaware’s PFML include:

• Bonding with a new child through birth, adoption, or foster care placement.
• Caring for a family member with a serious health condition.
• Addressing the employee’s own serious health condition.
• Managing exigencies related to a family member’s overseas military deployment.

Are There Requirements to be Eligible for Paid Family Leave in Delaware?

To be eligible for PFML benefits, an employee must:

• Have worked for the employer for at least 12 months.
• Have worked at least 1,250 hours during the preceding 12 months.

Is There a Minimum Amount of Paid Family Leave Time Required in Delaware?

Delaware’s PFML program provides:

• Up to 12 weeks of paid parental leave within a 12-month period.
• Up to 6 weeks of paid leave for family caregiving, personal medical conditions, or qualifying military exigencies within a 24-month period.
• A combined maximum of 12 weeks of paid leave per year for all qualifying events.

Is There a Minimum Amount of Maternity Leave Time Required in Delaware?

Eligible employees may receive up to 12 weeks of paid parental leave under PFML for bonding with a new child through birth, adoption, or foster care placement.

Is Paternity Leave Required by Law in Delaware?

Yes, Delaware’s PFML program provides paid parental leave for all eligible parents, regardless of gender, ensuring that fathers have access to paternity leave under the same conditions as maternity leave. Amended PFML requirements went into effect on December 11, 2025, altering the definition of “application year” to include the 12-month period measured from the date an employee first uses paid family leave. The amendment also adjusts the definition of employee to include an individual earning at least 60% of their wages within the state quarterly.

Who Pays for Paid Family Leave in Delaware?

The PFML program is funded through employer and employee contributions, with payroll deductions beginning on January 1, 2025. Employers may withhold up to 50% of the premium cost from employees’ wages.

Conclusion

Delaware’s Paid Family and Medical Leave program offers substantial support to employees during significant family and medical events by providing income replacement and broader eligibility compared to federal provisions. This initiative underscores the state’s commitment to the well-being of its workforce.