Delaware Passes Paid Family and Medical Leave Law
Delaware has enacted the HealthyDelaware Families Act, requiring job-protected, paid family and medical leave for Delaware employees.
Published: 05.24.2022
Delaware has enacted the HealthyDelaware Families Act, requiring job-protected, paid family and medical leave for Delaware employees. The leave is funded by employer and employee contributions that begin January 1, 2025. Leave benefits will become available January 1, 2026, and will provide up to 80% of workers' weekly wages.Covered Employers and Employees
The law covers employers with 10 or more employees working in Delaware; however, only its parental leave requirements apply to employers with 10 to 24 employees. In addition, the law does not apply to businesses that are completely closed for 30 or more consecutive days per year.
In general, employees are eligible for leave if they have been employed for 12 months by their current employer, worked 1,250 hours during that time and primarily report for work in Delaware.
Family and Medical Leave Benefits
Employers approve or deny applications for the leave, subject to appeal. Workers receive up to 12 weeks’ parental leave per year for child bonding, but employers with fewer than 25 employees may reduce an employee’s parental bonding leave by half for the first five years of the program. Leave is limited to six weeks per any 24-month period for an employee’s or family member’s serious health condition, or for a qualifying military exigency. Total combined family and medical leave is capped at 12 weeks per year per employee.
Workers receive 80% of their average weekly wage, up to a maximum of $900 in 2026 and 2027, with increases thereafter linked to the consumer price index.
Funding
Program funding is shared equally between employers and employees via payroll contributions. The 2025 and 2026 contribution rate is 0.4% of wages for medical leave, 0.08% for family caregiving leave and 0.32% for parental leave.
