Delaware
Be in the Know: New Rules on Leave
Delaware requires Paid Medical Leave (PML) and paid family leave (PFL) income replacement benefits for eligible workers who need time off from work for qualifying reasons.
Coverage and cost
Learn more about your state rules and eligibility.
Covered employers
Employers with 25 or more employees are subject to all parental, family caregiving, and medical leave provisions. However, employers employing between 10 to 24 employees are subject to only the parental leave provisions. Employers with <10 employees are not covered by the statute; however, small businesses may elect to participate in the program.
Coverage options
Employers may use the state or a private plan. The Delaware Department of Labor must approve private plans.
Cost
An employer may not deduct more than a 50% contribution from the employee; however, an employer may elect to pay all or a portion of the employee’s share. For 2025 and 2026, contribution rates will be based on an employee’s eligible wages.
- Medical Leave: 0.2% of taxable wage base
- Family Caregiving Leave: 0.04% of taxable wage base
- Parental Leave: 0.16% of taxable wage base
Employee eligibility
An employee who has been employed for at least 12 months and at least 1,250 hours of service with the employer during the previous 12-month period.
Leave reasons
Care of a family member, bonding, medical and qualifying exigency.
Job protection
Requires continuation of health insurance benefits, and reinstatement to previous or equivalent position.
Other protections and provisions
Intermittent or reduced leave may be taken only when medically necessary and when supporting documentation is provided.
Covered leave that also qualifies as leave under the FMLA runs concurrently with leave taken under the FMLA and may not be taken in addition to leave under the FMLA.
Benefits
Employees receive up to 80% of their average weekly wage on a sliding scale. For 2026 and 2027, the maximum weekly benefit is $900 with a minimum weekly benefit of $100 unless the employee’s average weekly wage is less than $100. Weekly benefit amounts will be tied to the relevant Consumer Price Index (CPI) thereafter.
12 weeks of Parental leave eligibility; 6 weeks of Family and/or Medical Leave eligibility in a 24-month period. Maximum duration is 12 weeks in an application year.
Timeline and key dates
- January 1, 2025 Contributions for the program begins.
- January 1, 2026 Benefits will become available to employees.
How Unum can help
Unum will offer our clients both fully insured and self-insured solutions. We will also offer STD products to provide supplemental coverage that integrates seamlessly with our private plan or the state-run program.
Still looking for more information?
Check out our latest in leave content, and explore the State PFML Guide and our Leave Toolkit.
Have questions?
Reach out to our sales team to learn more about Unum’s state PFML and absence management solutions.
The information provided is not legal advice and should not be relied upon or construed as legal advice. This is intended for general information purposes only and does not purport to be complete or cover every situation. Please consult your own legal advisors to determine how these laws affect you. This information is based on current laws and regulations that are subject to change.