On May 10, 2022, Governor John Carney signed into law the Healthy Delaware Families Act (HDFA), making Delaware the eleventh state to pass a paid family and medical leave (PFML) law. Contributions for Delaware’s state-administered PFML program will begin on January 1, 2025, with benefits available to employees the following year.

Benefits, Eligibility, and Coverage

• Employees will be eligible for the Delaware PFML program if they primarily work in Delaware, have worked for their employer for one year, and have worked at least 1,250 hours in the previous 12 months.
• Employees’ ability to access various types of PFML leave will vary based on employer size and operating schedule.
  • Employers with at least 10 Delaware employees will be required to contribute to the PFML program and allow their employees to use parental leave.
  • Employers with at least 25 employees must contribute and allow both parental and medical leave.
  • Employers that are closed for at least 30 consecutive days during the year are exempt from participation in the program.
• Employees may qualify for up to 12 weeks of PFML per year for parental leave and an aggregate of six weeks of leave in any 24-month period for other qualifying reasons. The maximum cumulative total amount of leave allowed is 12 weeks per benefit year.
• Delaware’s PFML program will provide wage replacement up to 80 percent of an employee’s average weekly wages, up to a maximum weekly benefit of $900 in 2026 and 2027 (maximum weekly benefit to be indexed annually after 2027).
• PFML leave under Delaware’s program is job protected; employees are entitled to be reinstated to their previous position or an equivalent position when they return from leave. Additionally, employees are entitled to continuation of their health benefits while on leave.

Covered Reasons for Leave

• Employees may use Delaware PFML leave for the following reasons (subject to employer size considerations):
  • To provide care for a child during the year following the child’s birth, adoption, or placement in foster care with the employee
  • To care for a family member with a serious health condition
  • To address the employee’s own serious health condition
  • To address a qualifying military exigency as defined under federal FMLA

Administration and Funding

• Delaware’s PFML program will be funded by payroll contributions to be collected beginning January 1, 2025.
• Employers may deduct up to 50% of the required contributions from employees’ wages. Contribution rates for 2025 and 2026 are as follows:
  • Medical leave contributions: 0.4% of wages
  • Family caregiving contributions: 0.08% of wages
  • Parental leave contributions: 0.32% of wages
• Employers will be able to meet their obligations under the HDFA by offering a private plan, subject to application and approval requirements of the state.