Delaware Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)
⚠️Informational only — not legal or tax advice.
Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Delaware, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Quick Reference — Delaware Paid Leave Snapshot
- Paid Sick Leave in Delaware
- Paid Family & Medical Leave in Delaware — Delaware Paid Leave
- Maternity, Paternity & Parental Leave in Delaware
- Federal FMLA in Delaware
- Other Protected Leave Categories in Delaware
- 2025–2026 Updates & Recent Legislative Changes in Delaware
- How to File a Paid Leave Complaint in Delaware
- Interstate Considerations for Remote Workers in Delaware
- Frequently Asked Questions
- Sources & Verification Log
Introduction
Delaware operates a state-funded paid family and medical leave program — Delaware Paid Leave — established under the Healthy Delaware Families Act (Pub. L. 2022, Ch. 301, Senate Substitute 2 for Senate Bill 1), signed into law on May 10, 2022. Payroll contributions began January 1, 2025; benefits became available to eligible employees on January 1, 2026. Delaware does not, however, require private employers to provide paid or unpaid sick leave through a standalone statute. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave. This page compiles current requirements from the Delaware Department of Labor’s Division of Paid Leave and the U.S. Department of Labor.
Quick Reference — Delaware Paid Leave Snapshot
| Delaware Paid Leave Overview | |
|---|---|
| Category | Status |
| Mandatory Paid Sick Leave | No state mandate for private employers |
| Governing Statute (Paid Sick Leave) | No statewide paid sick leave statute |
| Administering Agency | Delaware Department of Labor — labor.delaware.gov |
| Paid Family & Medical Leave Program | Yes — Delaware Paid Leave |
| PFML Governing Statute | Healthy Delaware Families Act (HDFA), 19 Del. C. Ch. 37 |
| PFML Effective Date | Benefits: January 1, 2026; Contributions: January 1, 2025 |
| Covered Employers (Full Coverage) | 25 or more Delaware employees |
| Covered Employers (Parental Leave Only) | 10–24 Delaware employees |
| Exempt Employers | Fewer than 10 employees; federal government; seasonal businesses closed 30+ consecutive days |
| Employee Eligibility | Employed 12+ months; 1,250+ hours in preceding 12 months; works 60%+ of hours in Delaware |
| PFML Contribution Rate (2025–2026) | 0.8% of taxable wages (up to Social Security wage base) |
| Wage Replacement Rate | 80% of average weekly wage |
| Maximum Weekly Benefit (2026–2027) | $900 |
| Minimum Weekly Benefit | $100 (or 100% of AWW if AWW is less than $100) |
| Parental Leave Duration | Up to 12 weeks per year |
| Medical / Family / Military Leave Duration | Up to 6 weeks per 24-month period |
| Maximum Combined Leave | 12 weeks in any application year |
| Waiting Period | None |
| Job Protection | Yes — reinstatement to same or equivalent position |
| Health Insurance Continuation | Yes — employee must continue paying employee share |
| FMLA Applies | Yes (Federal baseline) |
| Information Current As Of | March 2026 |
Sources: Delaware Department of Labor, Division of Paid Leave — labor.delaware.gov/delaware-paid-leave · U.S. Department of Labor FMLA — dol.gov/agencies/whd/fmla
Paid Sick Leave in Delaware
Delaware does not mandate paid sick leave for private employers. No statewide statute requires private employers to provide paid or unpaid sick leave beyond the protections available under the federal FMLA and, as of January 1, 2026, under the Delaware Paid Leave program for medical leave qualifying events. An employer’s obligation to provide sick leave — if any — arises solely from its own written policy or employment contract.
Delaware has no municipal paid sick leave ordinances as of March 2026. The HDFA expressly does not preempt local leave laws, but no city or county in Delaware has enacted a paid sick leave ordinance. (Source: Delaware Department of Labor, Healthy Delaware Families Act, 19 Del. C. Ch. 37)
Delaware’s PFML medical leave provision does provide income replacement for an employee’s own serious health condition, subject to the eligibility and duration rules described in Section 3. This is not equivalent to a paid sick leave mandate: it covers only serious health conditions, requires 12 months of employment, and is subject to the program’s employer-size thresholds. Routine illness that does not rise to the level of a serious health condition is not covered. (Source: Delaware DOL, Delaware Paid Leave Employee FAQ)
Paid Family & Medical Leave in Delaware — Delaware Paid Leave
Does Delaware Have a Paid Family & Medical Leave Program?
Yes. Delaware operates a state-funded paid family and medical leave program known as Delaware Paid Leave, established under the Healthy Delaware Families Act (19 Del. C. Ch. 37), signed May 10, 2022. Employee and employer payroll contributions began January 1, 2025. Eligible employees began submitting claims for benefits on January 1, 2026. The program is administered by the Delaware Department of Labor’s Division of Paid Leave. (Source: Delaware DOL)
Program Overview — Delaware Paid Leave
Delaware Paid Leave is funded through payroll contributions assessed at a combined rate of 0.8% of taxable wages for 2025 and 2026, capped at the Social Security taxable wage base ($176,100 for 2025; subject to annual adjustment). The 0.8% total breaks down by line of coverage: 0.32% for parental leave, 0.40% for medical leave, and 0.08% for family caregiving leave. Contributions are split 50/50 between employer and employee by default; however, the employer may elect to pay more than its 50% share. The employer may not deduct more than 50% of the required contribution from the employee’s wages. (Sources: Delaware DOL; HDFA Regulations, laborfiles.delaware.gov/main/pfl/PFML_Regulations.pdf)
Contributions are due quarterly (within 30 days after the close of each calendar quarter) through the Delaware LaborFirst portal. Starting in 2027, the Delaware Department of Labor will adjust contribution rates annually based on changes in the Philadelphia-Camden-Wilmington Consumer Price Index, with a statutory maximum rate of 1%. (Source: HDFA, 19 Del. C. Ch. 37)
Employers with an approved private plan meeting or exceeding program standards are exempt from state-plan contribution requirements. Private plan applications are accepted on a rolling basis beginning in 2026, with effective dates of January 1, April 1, July 1, or October 1 of each year. Applications must be submitted at least 30 days before the intended effective date. (Source: Delaware DOL)
Qualifying Reasons for Delaware Paid Leave Benefits
Under 19 Del. C. Ch. 37, covered employees may use Delaware Paid Leave for four qualifying categories:
- Parental Leave: Bonding with a newborn, adopted, or foster child — up to 12 weeks per year, to be used within the first year following birth, adoption, or foster placement.
- Medical Leave: An employee’s own serious health condition or injury — up to 6 weeks every 24 months.
- Family Caregiving Leave: Care for a covered family member with a serious health condition — up to 6 weeks every 24 months. Covered family members are defined as a child, spouse, or parent — the same relationships covered under federal FMLA.
- Military Qualifying Exigency Leave: Leave related to a covered family member’s overseas military deployment — up to 6 weeks every 24 months.
Employees are subject to a combined maximum of 12 weeks of Delaware Paid Leave benefits in any application year. For non-parental leave (medical, family caregiving, military exigency), the combined allowance is 6 weeks per 24-month period, and an employee is eligible for non-parental leave benefits only once in any 24-month period. (Sources: Delaware DOL employee page; Littler analysis of HDFA regulations, laborfiles.delaware.gov/main/pfl/PFML_Regulations.pdf)
| Delaware Paid Leave — Benefit Amount & Duration | |
|---|---|
| Benefit Detail | Amount |
| Wage Replacement Rate | 80% of employee's average weekly wage |
| Maximum Weekly Benefit (2026–2027) | $900 |
| Minimum Weekly Benefit | $100 (or 100% of AWW if AWW falls below $100) |
| Parental Leave Duration | Up to 12 weeks per application year |
| Medical / Family / Military Leave Duration | Up to 6 weeks per 24-month period (combined) |
| Maximum Combined Leave | 12 weeks in any application year |
| Waiting Period | None — benefits begin on the first day of approved leave |
| Minimum Leave Increment | 1 full workday (benefits not payable in sub-day increments) |
| Intermittent Leave | Permitted, but only when medically necessary and supported by documentation |
| Job Protection | Yes — reinstatement to same or equivalent position |
| Health Insurance Continuation | Yes — employer must continue group health plan on same terms; employee continues to pay employee share |
| Benefit Adjustment After 2027 | Maximum weekly benefit adjusted annually based on Philadelphia-Camden-Wilmington CPI |
Source: Delaware DOL, Division of Paid Leave — labor.delaware.gov/delaware-paid-leave
Eligibility Requirements
An employee is eligible for Delaware Paid Leave benefits if the employee:
- Works primarily in Delaware (at least 60% of working hours at a Delaware worksite, measured quarterly);
- Has been employed by the same employer for at least 12 consecutive months; and
- Has worked at least 1,250 hours of service — approximately 25 hours per week — for that employer during the preceding 12 months.
Only actual hours worked count toward the 1,250-hour threshold; vacation, PTO, and sick leave do not. The 60% Delaware work location requirement is assessed on a quarterly basis throughout the employment relationship, not only at the time of initial eligibility determination. (Source: Delaware DOL employee page; HDFA Regulations)
Employers may submit a waiver of coverage for employees who were not hired to work on a permanent basis and are not expected to work 25+ hours per week. If the Division later determines a waived employee has met the eligibility requirements, the waiver is revoked and the employer (not the employee) is responsible for back contributions. (Source: HDFA Regulations)
Employees subject to another state’s mandatory PFML program may not be reclassified as Delaware employees for purposes of Delaware Paid Leave. (Source: Delaware DOL Employer Guide, laborfiles.delaware.gov/main/pfl/Employer_and_TPAs_Guide_to_DPL.pdf)
Covered Employers — Tiered Structure
Delaware Paid Leave applies a tiered employer coverage structure based on the number of employees primarily working in Delaware:
| Delaware Paid Leave — Employer Coverage by Size | |
|---|---|
| Employer Size | Coverage Requirement |
| Fewer than 10 employees | Exempt from program |
| 10–24 employees | Parental Leave only (0.32% contribution rate) |
| 25 or more employees | Full coverage — all four leave types (0.8% contribution rate) |
| Federal government employers | Exempt |
| Seasonal businesses (closed 30+ consecutive days/year) | Exempt |
Employers with 10–24 employees may voluntarily opt in to provide medical, family caregiving, and military exigency leave. Employer coverage tier is determined based on the number of eligible Delaware employees over the preceding 12 months. Once an employer reaches a coverage threshold, the employer remains subject to that level of coverage for at least 12 consecutive months. (Sources: Delaware DOL main page; HDFA Regulations)
How to Apply for Delaware Paid Leave Benefits
Claims are submitted through the Delaware LaborFirst Claimant Portal, accessible at my.delaware.gov. The claims process requires the claimant to: (1) create an account and complete identity verification at my.delaware.gov; (2) complete claimant registration in the LaborFirst system; (3) submit a claim providing employment information, leave dates and type, and any required healthcare provider documentation. (Source: Delaware DOL employee page)
Once a completed claim application is submitted, the employer (or the employer’s insurer or TPA for private plan employers) has 5 business days to approve or deny the application. If approved, the employer must notify the Delaware DOL Division of Paid Leave within 3 business days of approval. The first benefit payment is due within 30 days of DOL notification; subsequent payments occur every two weeks. (Source: HDFA, 19 Del. C. Ch. 37, laborfiles.delaware.gov/main/pfl/Healthy_Delaware_Families_Act.pdf)
Employer Obligations Under Delaware Paid Leave
Covered employers must:
- Register with the Delaware Division of Paid Leave through the Delaware LaborFirst portal;
- Collect and remit PFML contributions quarterly (within 30 days of the quarter’s close);
- Provide written notice of Delaware Paid Leave rights to each employee at time of hire, when an employee requests covered leave, and when the employer acquires knowledge that the employee’s leave may qualify;
- Post the Delaware Paid Leave Notice of Employee Rights conspicuously in the workplace, in English, Spanish, and any language spoken by at least 5% of the workforce (where the DOL provides a poster in that language);
- Approve or deny leave applications within 5 business days of receiving a completed request;
- Continue group health insurance on the same terms during approved Delaware Paid Leave;
- Reinstate the employee to the same or equivalent position following leave.
Effective July 30, 2025, as a result of House Substitute 1 for House Bill 128 signed by Governor Matt Meyer, employers may no longer require employees to exhaust accrued PTO before applying for Delaware Paid Leave benefits. Employers and employees may, however, agree to use PTO to supplement benefit payments up to 100% of regular wages. Delaware Paid Leave is designated as the primary payor when an employee is eligible for multiple income-replacement benefits (e.g., short-term disability). (Source: Epstein Becker Green analysis, citing HDFA amendment HS1 for HB 128 (July 30, 2025); Delaware DOL)
Maternity, Paternity & Parental Leave in Delaware
How Long Is Maternity Leave in Delaware?
Delaware maternity leave can combine benefits from multiple programs. For eligible employees, the total available duration is:
- Delaware Paid Leave (parental leave): Up to 12 weeks paid, at 80% of average weekly wage (maximum $900/week), within the first year following birth or adoption, for employees working for covered employers with 10+ Delaware employees. (Source: Delaware DOL)
- Delaware Paid Leave (medical leave): An additional up to 6 weeks paid (within the 24-month non-parental leave allowance) may be available for pregnancy-related serious health conditions, subject to the separate 24-month period and combined 12-week annual cap.
- Federal FMLA: Up to 12 weeks unpaid, job-protected, for employees at covered employers (50+ employees within 75 miles). Delaware Paid Leave and FMLA run concurrently when leave qualifies under both laws — combined, they do not extend beyond 12 weeks total for the same qualifying event.
- Employer-provided benefits: Short-term disability plans offered by the employer may supplement Delaware Paid Leave benefits. Delaware Paid Leave is the primary payor; employer STD benefits are coordinated to bring the total to no more than 100% of regular wages (absent a CBA or employer policy permitting more). (Source: Delaware DOL employer guide)
Employees working for employers with fewer than 10 Delaware workers are not covered by Delaware Paid Leave and rely on FMLA (if the employer meets the federal threshold) and any employer-provided benefits.
Is Maternity Leave Paid in Delaware?
Delaware maternity leave is paid for eligible employees at qualifying employers. Delaware Paid Leave replaces 80% of average weekly wages, up to $900 per week for 2026 and 2027. The minimum benefit is $100 per week. Federal FMLA, if applicable, is unpaid. Delaware does not operate a separate pregnancy disability benefit program (such as the TDI/SDI programs in California, New Jersey, New York, Hawaii, and Rhode Island); pregnancy-related medical leave is addressed through the PFML medical leave provision of the HDFA. (Source: Delaware DOL; DOL FMLA page)
Paternity Leave and Parental Leave in Delaware
Delaware Paid Leave parental leave applies equally to birthing and non-birthing parents. Bonding leave covers birth, adoption, and foster placement. An eligible non-birthing parent (including fathers and same-sex partners) employed at a covered employer with 10+ Delaware employees may take up to 12 weeks of paid parental leave, at 80% of average weekly wages (maximum $900/week), within the first year following the child’s arrival. (Source: Delaware DOL employee page)
When two parents are employed by the same covered employer, the HDFA permits the employer to limit the aggregate parental or family caregiver leave for both parents combined to 12 weeks during any 12-month period. (Source: HDFA, 19 Del. C. Ch. 37)
Under federal FMLA, both parents are entitled to bonding leave of up to 12 weeks for the birth, adoption, or foster placement of a child, provided they meet federal eligibility requirements. Delaware PFML and FMLA run concurrently when both apply. Details on Delaware FMLA interaction are in Section 4 below.
Delaware does not have a prenatal leave provision separate from the PFML medical leave allowance (unlike New York, which enacted 20 hours of paid prenatal leave effective January 2025).
Federal FMLA in Delaware
The Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601–2654, applies in Delaware as in all 50 states as the federal baseline for unpaid, job-protected family and medical leave. Delaware’s PFML program was modeled on FMLA eligibility requirements and runs concurrently with FMLA when a qualifying reason applies under both laws. (Source: U.S. DOL FMLA; Delaware DOL)
FMLA Coverage and Eligibility
FMLA applies to the following covered employers: private employers with 50 or more employees within a 75-mile radius, all public agencies (including state and local governments), and all elementary and secondary schools regardless of size. (Source: DOL FMLA)
An employee is eligible for FMLA leave if the employee has: (1) worked for the employer for at least 12 months; (2) worked at least 1,250 hours during the 12-month period immediately preceding the leave; and (3) works at a location where the employer has 50 or more employees within 75 miles. (Source: DOL FMLA)
FMLA provides eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period, and up to 26 workweeks for military caregiver leave. During FMLA leave, group health insurance must be maintained on the same terms as if the employee continued working.
Qualifying Reasons Under FMLA
FMLA leave is available for: the birth of a child and bonding in the first year; adoption or foster care placement and bonding in the first year; the employee’s own serious health condition that renders the employee unable to perform essential job functions; care for a spouse, child, or parent with a serious health condition; qualifying exigency related to a covered family member’s active military duty; and military caregiver leave (26 weeks) for a covered servicemember or veteran with a serious injury or illness. (Source: DOL FMLA)
Is FMLA Paid or Unpaid?
FMLA leave is unpaid. Delaware Paid Leave may run concurrently with FMLA when the qualifying reason applies under both laws, providing wage replacement during what would otherwise be unpaid FMLA leave. Delaware Paid Leave is the paid counterpart; the two programs do not stack — combined, they do not extend the total leave duration beyond the applicable maximum for the qualifying reason. (Sources: Delaware DOL; DOL FMLA)
Employees may use accrued paid leave (vacation, PTO, sick leave) concurrently with FMLA if the employer’s policy permits or requires it. As of July 30, 2025, under HDFA amendment HS1 for HB 128, employers may no longer require employees to exhaust employer-provided PTO before accessing Delaware Paid Leave benefits; however, voluntary supplementation (to bring total compensation to 100% of wages) remains available. (Source: HDFA amendment HS1 for HB 128, July 30, 2025)
Does FMLA Apply to Small Businesses in Delaware?
Federal FMLA applies to private employers with 50 or more employees within a 75-mile radius. Private employers with fewer than 50 employees are not covered by federal FMLA. Delaware Paid Leave, however, covers employers with 10 or more Delaware employees — a significantly lower threshold. For parental leave specifically, the coverage threshold is as low as 10 employees. Employees of very small employers (fewer than 10 Delaware workers) are not covered by either FMLA or Delaware Paid Leave, though they retain any rights under employer policy or contract. (Sources: DOL FMLA; Delaware DOL)
How Delaware Paid Leave Interacts with FMLA
Delaware Paid Leave and FMLA are distinct legal frameworks that frequently apply simultaneously. Key distinctions and interaction rules:
Concurrent running: When an employee’s leave qualifies under both the HDFA and FMLA, the leave runs concurrently. Delaware Paid Leave does not provide additional leave on top of FMLA — employees may not take PFML leave in addition to FMLA leave for the same qualifying event. (Source: Delaware DOL Employer Guide)
Employer size differences: FMLA covers employers with 50+ employees within 75 miles. Delaware Paid Leave covers employers with 10+ Delaware employees (parental) or 25+ Delaware employees (full program). As a result, Delaware Paid Leave reaches employees at smaller employers who have no federal FMLA protection.
Employee eligibility differences: Both programs require 12 months of employment and 1,250 hours of service in the preceding 12 months. However, the HDFA does not include the FMLA’s 75-mile geographic proximity requirement, meaning Delaware employees at remote or distributed worksites may qualify for Delaware Paid Leave without qualifying for FMLA.
Family member definitions: FMLA covers care for a spouse, child, or parent. The HDFA’s family caregiving leave uses the same covered relationships (child, spouse, parent). Delaware’s family member definition is therefore no broader than federal FMLA for family caregiving leave purposes. (Source: HDFA Regulations)
Intermittent leave: Both programs permit intermittent leave, subject to different minimum increment rules. FMLA permits intermittent leave in increments as small as one hour when medically necessary. Delaware Paid Leave benefits are not payable for absences of less than one full workday per week. As a result, an employee approved for intermittent FMLA in two-hour increments receives FMLA protections but no Delaware Paid Leave wage replacement for those partial-day absences. (Source: HDFA Regulations, laborfiles.delaware.gov/main/pfl/PFML_Regulations.pdf)
Source: U.S. Department of Labor FMLA — dol.gov/agencies/whd/fmla
Other Protected Leave Categories in Delaware
Bereavement Leave
Delaware law does not require private employers to provide paid or unpaid bereavement leave. Bereavement leave policies, if any, are established at the employer’s discretion under 19 Del. C. (no mandatory bereavement leave statute for private employers). (Source: Delaware DOL, labor.delaware.gov)
Jury Duty Leave
Delaware law prohibits employers from discharging, threatening, or otherwise retaliating against an employee for serving on jury duty. 19 Del. C. § 4516 provides this protection but does not require employers to pay employees during jury service. Pay during jury duty, if any, is governed by employer policy. (Source: Delaware Code, 19 Del. C. § 4516, legis.delaware.gov)
Voting Leave
Delaware does not require private employers to provide paid or unpaid time off for employees to vote. No Delaware statute mandates voting leave for private sector employees. (Source: Delaware DOL, labor.delaware.gov)
Military Leave
Federal law — the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301–4335 — protects Delaware employees who serve in the uniformed services. USERRA requires reemployment rights, continuation of benefits, and protection from discrimination for employees returning from military service. State employees are also covered by Delaware’s Military Leave Law, 20 Del. C. § 904, which provides additional protections for state government workers. (Source: U.S. DOL USERRA, dol.gov/agencies/vets/programs/userra)
Domestic Violence Leave
Delaware does not have a standalone statutory requirement for private employers to provide domestic violence leave. Employees experiencing domestic violence, sexual assault, or stalking may access Delaware Paid Leave’s medical leave provision if the situation results in a serious health condition. General workplace anti-discrimination protections applicable to victims of domestic violence are addressed through the Delaware Discrimination in Employment Act (19 Del. C. Ch. 7), administered by the Delaware Department of Labor’s Office of Anti-Discrimination. (Source: Delaware DOL Anti-Discrimination, industrialaffairs.delaware.gov/anti-discrimination)
2025–2026 Updates & Recent Legislative Changes in Delaware
What Changed in Delaware Paid Leave Laws in 2025–2026?
January 1, 2025: Payroll contributions for Delaware Paid Leave commenced under the HDFA. Employers registered with the Delaware LaborFirst portal and began remitting quarterly contributions. (Source: Delaware DOL)
April 30, 2025: First quarterly Hours & Wage Reports were due from covered employers through the Delaware LaborFirst portal. (Source: Delaware DOL)
July 30, 2025: Delaware Governor Matt Meyer signed House Substitute 1 for House Bill 128, amending the HDFA effective immediately. The most significant amendment: covered employers may no longer require employees to exhaust accrued, unused employer-provided PTO (including vacation and sick leave) before accessing Delaware Paid Leave benefits. Voluntary PTO supplementation remains permissible by mutual agreement. Additional amendments simplified private plan administration and designated Delaware Paid Leave as the primary payor when an employee is eligible for multiple income-replacement benefits. Delaware’s employment law landscape for remote workers and multi-state employers is documented further at /employment-law/u-s-states/delaware/. (Source: HS1 for HB 128, signed July 30, 2025; Delaware General Assembly, legis.delaware.gov)
January 1, 2026: Delaware Paid Leave benefits went live. Eligible employees began filing claims through the Delaware LaborFirst Claimant Portal. Delaware joined 13 other states and DC in operating an active state PFML program. (Source: Delaware DOL)
March 2026 — Penalty Grace Period: The Delaware Division of Paid Leave announced it would not charge penalties or interest on 2025 quarterly PFML Hours & Wage submissions and contribution payments as long as they are submitted by March 31, 2026 (60 days after the normal Q4 deadline). (Source: Delaware DOL announcement, labor.delaware.gov/delaware-paid-leave)
Pending and Future Changes
Contribution Rate Review (2027): Starting in 2027, the Delaware Department of Labor will revise the PFML contribution rate annually based on changes in the Philadelphia-Camden-Wilmington CPI. The statutory cap is 1% of wages. If the indicated rate would exceed 1%, the DOL is authorized to reduce the wage replacement rate (below 80% AWW) to the extent necessary to keep contributions below 1%. (Source: HDFA, 19 Del. C. Ch. 37)
Maximum Benefit Adjustment (2028 onward): The $900 maximum weekly benefit applies for 2026 and 2027. Beginning in 2028, the maximum will be adjusted annually based on the change in the October Philadelphia-Camden-Wilmington CPI relative to October 2026. (Source: HDFA, 19 Del. C. Ch. 37)
Paid Sick Leave — No Pending Legislation: As of March 2026, no enacted or pending legislation would create a statewide Delaware paid sick leave mandate. Current legislative activity is tracked at legis.delaware.gov.
How to File a Paid Leave Complaint in Delaware
Filing a Delaware Paid Leave (PFML) Complaint
Complaints regarding Delaware Paid Leave — including allegations of fraud, retaliation, discrimination, or denial of benefits — are filed through the Delaware LaborFirst complaint portal. The complaint form is accessible at labor.delaware.gov/laborfirst/complaint-form. Complaints may also be directed to:
- Email: PFML@Delaware.gov
- Phone: 302-761-8375 (LaborFirst Hotline, open 24/7)
- Claimant-specific inquiries: PFMLClaims@delaware.gov
Under HDFA regulations, complaints regarding retaliation must be submitted within 30 days of the alleged violation in order for the Division to complete an investigation within the statute of limitations for civil action. Upon a finding of a violation, the covered individual may be entitled to damages as set forth in 19 Del. C. Ch. 37. Complainants may elect to file directly in a court of competent jurisdiction in lieu of, but not in addition to, filing with the Division. (Source: HDFA Regulations, laborfiles.delaware.gov/main/pfl/PFML_Regulations.pdf)
Filing an FMLA Complaint
FMLA complaints are filed with the U.S. Department of Labor’s Wage and Hour Division (WHD). Complaints may be submitted online or at any local WHD district office:
- DOL WHD Complaint Portal: dol.gov/agencies/whd/contact/complaints
- DOL WHD Office Locator: dol.gov/agencies/whd/contact
The Delaware WHD district office serving the state can be located through the DOL office locator linked above.
Interstate Considerations for Remote Workers in Delaware
Delaware paid leave laws generally apply based on where the employee performs work, not where the employer is headquartered. Under the HDFA, an employee qualifies for Delaware Paid Leave coverage if at least 60% of the employee’s working hours are performed at a Delaware worksite, assessed quarterly. A Delaware-based employer whose employees work primarily in another state does not make those out-of-state employees eligible for Delaware Paid Leave; conversely, an employer headquartered outside Delaware must participate in the Delaware Paid Leave program for employees who work primarily in Delaware. (Source: HDFA Regulations, laborfiles.delaware.gov/main/pfl/PFML_Regulations.pdf)
Employees who work in multiple states are assessed based on the quarterly percentage of hours performed in Delaware. Employees subject to another state’s mandatory PFML program (such as New Jersey or Maryland employees on temporary Delaware assignment) may not be reclassified into the Delaware program. (Source: Delaware DOL Employer Guide, laborfiles.delaware.gov/main/pfl/Employer_and_TPAs_Guide_to_DPL.pdf)
Remote workers employed by Delaware-based companies but working entirely from another state are generally not covered by Delaware Paid Leave. For information on how Delaware law applies to remote workers more broadly, see /remote-work-laws/u-s-states/delaware/.
Frequently Asked Questions — Delaware Paid Leave
How does FMLA work in Delaware?
Federal FMLA provides eligible employees at covered employers (50+ employees within 75 miles) up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons in a 12-month period. In Delaware, FMLA and Delaware Paid Leave run concurrently — employees at qualifying employers receive paid benefits through Delaware Paid Leave during the same period. (Source: DOL FMLA, dol.gov/agencies/whd/fmla)
How long is maternity leave in Delaware?
Eligible employees at covered employers with 10+ Delaware workers may take up to 12 weeks of paid parental leave through Delaware Paid Leave within the first year following birth or adoption. Federal FMLA, if applicable, runs concurrently and does not extend total leave beyond 12 weeks for the same event. Employees at smaller employers not covered by Delaware Paid Leave may still qualify for FMLA unpaid leave if the employer has 50+ employees within 75 miles. (Source: Delaware DOL)
Is maternity leave paid or unpaid in Delaware?
Delaware maternity leave is paid through Delaware Paid Leave for eligible employees at qualifying employers (10+ Delaware workers). The benefit replaces 80% of average weekly wages, up to $900 per week for 2026–2027. Federal FMLA is unpaid. Employees at employers not covered by Delaware Paid Leave rely on FMLA (if applicable) and any employer-provided benefits. (Source: Delaware DOL)
Who is eligible for FMLA in Delaware?
An employee is eligible for federal FMLA in Delaware if: the employer has 50+ employees within 75 miles; the employee has worked for the employer for at least 12 months; and the employee worked at least 1,250 hours during the preceding 12-month period. (Source: DOL FMLA, dol.gov/agencies/whd/fmla)
Is FMLA leave paid in Delaware?
Federal FMLA leave is unpaid. Delaware Paid Leave provides wage replacement (80% of AWW, up to $900/week) and runs concurrently with FMLA at qualifying employers. The two programs together produce paid, job-protected leave for eligible employees. (Sources: Delaware DOL; DOL FMLA)
Does Delaware have paid sick leave?
No. Delaware does not have a statewide mandatory paid sick leave law for private employers. Delaware Paid Leave does provide paid medical leave for an employee’s own serious health condition (up to 6 weeks per 24-month period), but routine illness not rising to the level of a serious health condition is not covered. (Source: Delaware DOL)
Does Delaware have paid family leave?
Yes. Delaware Paid Leave — established under the Healthy Delaware Families Act — provides paid family and medical leave benefits for qualifying Delaware employees effective January 1, 2026. (Source: Delaware DOL, labor.delaware.gov/delaware-paid-leave)
How many sick days are required in Delaware?
Delaware does not require private employers to provide any sick days. There is no minimum sick leave accrual requirement under Delaware law. Employer-provided sick leave, if any, is governed by the employer’s written policy. (Source: Delaware DOL, labor.delaware.gov)
Does FMLA apply to small businesses in Delaware?
Federal FMLA applies to private employers with 50 or more employees within a 75-mile radius. Employers with fewer than 50 employees are not covered by FMLA. However, Delaware Paid Leave covers employers with 10 or more Delaware employees, providing paid parental leave coverage for businesses too small to be subject to FMLA. (Sources: DOL FMLA; Delaware DOL)
How long is paternity leave in Delaware?
An eligible non-birthing parent employed at a qualifying Delaware employer (10+ Delaware employees) may take up to 12 weeks of paid parental bonding leave through Delaware Paid Leave within the first year following birth, adoption, or foster placement. The benefit is 80% of average weekly wages, up to $900/week for 2026–2027. Federal FMLA also provides bonding leave on identical terms for both parents when the employer meets the federal 50-employee threshold. (Source: Delaware DOL)
Can an employer deny paid sick leave in Delaware?
Because Delaware has no mandatory paid sick leave law, private employers are not required to provide paid sick leave at all. If an employer has a written sick leave policy, the terms of that policy govern an employee’s rights. Denial of Delaware Paid Leave benefits for qualifying medical, parental, family caregiving, or military reasons may be challenged through the Delaware LaborFirst complaint process. (Source: Delaware DOL, labor.delaware.gov/laborfirst/complaint-form)
Is paid sick leave available to part-time employees in Delaware?
Because no paid sick leave statute exists in Delaware, part-time employees have no statutory entitlement to paid sick leave. Part-time employees may qualify for Delaware Paid Leave if they work at a covered employer, have 12 months of employment with that employer, and have worked at least 1,250 hours in the preceding 12 months — approximately 25 hours per week. An employer may submit a waiver of coverage for employees not expected to reach 1,250 hours. (Source: Delaware DOL employee page)
Can Delaware Paid Leave be used to care for a family member?
Yes. Delaware Paid Leave’s family caregiving provision allows eligible employees to take up to 6 weeks (per 24-month period) to care for a child, spouse, or parent with a serious health condition. Family caregiving leave is available only through employers with 25 or more Delaware employees (or smaller employers that voluntarily opted in). (Source: Delaware DOL, HDFA Regulations)
How much does Delaware paid family leave pay?
Delaware Paid Leave replaces 80% of an eligible employee’s average weekly wage, subject to a maximum of $900 per week for 2026 and 2027. The minimum weekly benefit is $100. Employees whose AWW is less than $100 receive 100% of their AWW. After 2027, the maximum is adjusted annually by the Philadelphia-Camden-Wilmington CPI. (Source: Delaware DOL)
Who pays for Delaware Paid Leave — the employer or the employee?
Program costs are split between employers and employees. The total contribution rate is 0.8% of taxable wages (2025–2026). The default split is 50/50; the employer must pay at least 50%, and the employee’s share may not exceed 50%. Employers may elect to pay the entire contribution. (Source: Delaware DOL, HDFA)
Can Delaware Paid Leave and FMLA be taken at the same time?
Yes. When an employee’s leave qualifies under both the HDFA and FMLA, the leave runs concurrently. Delaware Paid Leave does not add leave on top of FMLA — both apply to the same leave period, with Delaware Paid Leave providing wage replacement during the FMLA period. (Source: Delaware DOL Employer Guide)
Is the job protected during Delaware Paid Leave?
Yes. Covered employees on Delaware Paid Leave are entitled to reinstatement to the same position or an equivalent position upon return from leave. Employer obligations to continue health insurance during leave and restore the employee to their position are part of the HDFA’s protections. Employees with at least 90 days of service are protected from interference and retaliation. (Source: Delaware DOL, HDFA)
What is the Delaware PFML contribution rate for 2026?
The total contribution rate for Delaware Paid Leave in 2026 is 0.8% of taxable wages. The breakdown: 0.32% for parental leave, 0.40% for medical leave, and 0.08% for family caregiving leave. Contributions are capped at the Social Security taxable wage base. Employers pay at least 50%; the employee share may not exceed 50%. Beginning in 2027, the rate is subject to annual CPI-based adjustment, not to exceed 1%. (Source: Delaware DOL, HDFA Regulations)
How do I apply for Delaware Paid Leave?
Claims are filed through the Delaware LaborFirst Claimant Portal at my.delaware.gov. The process requires identity verification, claimant registration, and submission of employment information, leave dates and type, and any required healthcare documentation. (Source: Delaware DOL employee page)
Can Delaware Paid Leave be taken intermittently?
Delaware Paid Leave may be taken intermittently when medically necessary and supported by documentation. Benefits are not payable for leave increments of less than one full workday per week. Parental leave taken intermittently is at the employer’s discretion unless medically required. (Source: HDFA Regulations, laborfiles.delaware.gov/main/pfl/PFML_Regulations.pdf)
Can employees be required to use PTO before Delaware Paid Leave?
No. Effective July 30, 2025, under House Substitute 1 for House Bill 128, employers may no longer require employees to exhaust accrued PTO before accessing Delaware Paid Leave. However, employees and employers may agree to use PTO concurrently to supplement Delaware Paid Leave benefits up to 100% of regular wages. (Source: HS1 for HB 128, signed July 30, 2025; Delaware General Assembly, legis.delaware.gov)
Does Delaware have a separate pregnancy disability leave program?
Delaware does not operate a separate pregnancy disability leave program analogous to California’s State Disability Insurance or New Jersey’s Temporary Disability Insurance. Pregnancy-related serious health conditions are addressed through Delaware Paid Leave’s medical leave provision (up to 6 weeks per 24-month period) and through FMLA unpaid leave. (Source: Delaware DOL)
What happens if an employer with 10–24 employees does not provide parental leave?
Covered employers with 10–24 Delaware employees are required to participate in the parental leave component of Delaware Paid Leave (0.32% contribution rate). Failure to provide required leave or to make required contributions may result in penalties, and employees may file a complaint with the Delaware Division of Paid Leave. (Source: HDFA Regulations; Delaware DOL complaint form, labor.delaware.gov/laborfirst/complaint-form)
Are there any local paid sick leave ordinances in Delaware?
As of March 2026, no Delaware municipality has enacted a paid sick leave ordinance. The HDFA does not preempt local leave laws, but no city or county in Delaware has enacted a local PFML law or ordinance. Current legislative activity is monitored at legis.delaware.gov. (Source: HDFA, 19 Del. C. Ch. 37)
How long is maternity leave for fathers in Delaware?
Non-birthing parents, including fathers, are eligible for up to 12 weeks of paid parental leave through Delaware Paid Leave for bonding following birth, adoption, or foster placement, on the same terms as birthing parents. The benefit is 80% of average weekly wages, up to $900/week for 2026–2027. When two parents are employed by the same covered employer, the employer may limit their combined leave to 12 weeks. (Source: Delaware DOL)
Sources & Verification Log
| Sources & Verification — Delaware Paid Leave Laws | |||
|---|---|---|---|
| Section | Source | URL | Date Verified |
| Program overview, key dates, coverage | Delaware DOL — Division of Paid Leave | labor.delaware.gov/delaware-paid-leave | March 2026 |
| Employee eligibility, benefit amounts, claim process | Delaware DOL — Employee Information | labor.delaware.gov/delaware-paid-leave/employees | March 2026 |
| Employer coverage tiers, contributions, private plans | Delaware DOL — Delaware Paid Leave | labor.delaware.gov/delaware-paid-leave | March 2026 |
| HDFA statute text | Healthy Delaware Families Act | laborfiles.delaware.gov/.../Healthy_Delaware_Families_Act.pdf | March 2026 |
| Regulations — eligibility, waivers, intermittent leave | Delaware DOL PFML Regulations | laborfiles.delaware.gov/.../PFML_Regulations.pdf | March 2026 |
| Employer & TPA guide — contributions and mechanics | Delaware DOL Employer & TPA Guide | laborfiles.delaware.gov/.../Employer_and_TPAs_Guide_to_DPL.pdf | March 2026 |
| 2025 HDFA amendment — PTO requirement eliminated | Delaware General Assembly | legis.delaware.gov | March 2026 |
| FMLA coverage, eligibility, qualifying reasons | U.S. Department of Labor — WHD | dol.gov/agencies/whd/fmla | March 2026 |
| Complaint filing | Delaware DOL — LaborFirst Complaint Form | labor.delaware.gov/laborfirst/complaint-form | March 2026 |
| FMLA complaint filing | U.S. DOL WHD Complaint Page | dol.gov/agencies/whd/contact/complaints | March 2026 |
| Jury duty leave | Delaware Code — 19 Del. C. §4516 | legis.delaware.gov | March 2026 |
| Military leave (USERRA) | U.S. Department of Labor — VETS | dol.gov/agencies/vets/programs/userra | March 2026 |
| Anti-discrimination (domestic violence context) | Delaware DOL — Office of Anti-Discrimination | industrialaffairs.delaware.gov/anti-discrimination | March 2026 |
| No paid sick leave mandate | Delaware DOL | labor.delaware.gov | March 2026 |
| No local paid sick leave ordinances | Healthy Delaware Families Act resources | laborfiles.delaware.gov/.../Healthy_Delaware_Families_Act.pdf | March 2026 |
| Contribution rate breakdown (0.32% + 0.40% + 0.08%) | HDFA — Delaware DOL | labor.delaware.gov/delaware-paid-leave | March 2026 |