Delaware Paid Family and Medical Leave
On May 10, 2022, the Delaware Paid Family and Medical Leave (DE PFML) Program was signed into law. Contributions to DE PFML begin January 1, 2025, with benefits beginning on January 1, 2026. Important upcoming dates:
September 1, 2024 to December 1, 2024: Opt-In/Opt-Out state web portal opens. Employers wishing to use a private plan can opt-out of the state’s public plan, and small employers can opt-into the state’s public plan (aka the Delaware Paid Leave program).
January 1, 2025: Contributions to the state Delaware Paid Leave program begin. Employers who do not opt-out during the September 1 through December 1, 2024 window will owe contributions to the state fund beginning January 1, 2025.
January 1, 2026: Benefits begin.
The Delaware Paid Family and Medical Leave law allows employers to meet their compliance obligations by either choosing to provide coverage through the state Delaware Paid Leave program or a private plan. The private plan may either be self-funded or fully insured, through a state-approved insurance carrier. State approval is required.
If your business is considering a private plan, see “Will Guardian be offering a private plan solution?” below.
Starting on January 1, 2026, DE PFML will allow job protected paid time off to:
Care for a new child
Care for a family member with a serious health condition
Address a personal serious health condition or injury
Assist while loved ones are on overseas military deployment
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 less than 10 employees are exempt from the law. However, these small businesses may voluntarily elect to opt-in to the state program.
To be eligible, an employee must work primarily (60% of their time) in Delaware, have worked for their employer for at least 12 months, and have clocked at least 1,250 hours (about 25 hours a week) in the most recent 12 months.
Employees receive up to 80% of their average weekly wage. For 2026 and 2027, the maximum weekly benefit is $900. Maximum weekly benefit amounts will be tied to the relevant Consumer Price Index (CPI) thereafter.
DE PFML offers eligible workers:
Up to 12 weeks of parental leave per year to bond with and care for a new child (whether through birth, foster placement, or adoption)
Up to 6 weeks in a 24-month period for:
Medical leave to address an employee’s own serious health condition
Family caregiving leave to care for a family member with a serious health condition or address the impact of a family member’s military deployment
Employees are limited to a maximum of 12 weeks of total, combined leave per year.
For 2025 and 2026, the state rates total of .80% (comprised of .40% medical, .08% family caregiving and .32% parental leave) to be split evenly by the employee and employer.
Under the state program, employers who intend to share the cost of coverage with their employees will need to begin employee payroll deductions starting January 1, 2025.
Delaware PFML requires written notice of PFML rights to each employee:
At the time of hire, when an employee requests PFML, or when an employer knows an employee’s leave may be covered by PFML
Employers must conspicuously display a poster at their place of business in English, Spanish and any language that is the language spoken by at least 5% of the employer’s workforce
The notice should include general information about the employees’ PFML benefits, amount of benefits, the procedure for filing a claim, their right to job protection and benefits continuation, and other relevant details.
Starting on January 1, 2026, DE PFML will allow job protected paid time off to:
Care for a new child
Care for a family member with a serious health condition
Address a personal serious health condition or injury
Assist while loved ones are on overseas military deployment
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 less than 10 employees are exempt from the law. However, these small businesses may voluntarily elect to opt-in to the state program.
To be eligible, an employee must work primarily (60% of their time) in Delaware, have worked for their employer for at least 12 months, and have clocked at least 1,250 hours (about 25 hours a week) in the most recent 12 months.
Employees receive up to 80% of their average weekly wage. For 2026 and 2027, the maximum weekly benefit is $900. Maximum weekly benefit amounts will be tied to the relevant Consumer Price Index (CPI) thereafter.
DE PFML offers eligible workers:
Up to 12 weeks of parental leave per year to bond with and care for a new child (whether through birth, foster placement, or adoption)
Up to 6 weeks in a 24-month period for:
Medical leave to address an employee’s own serious health condition
Family caregiving leave to care for a family member with a serious health condition or address the impact of a family member’s military deployment
Employees are limited to a maximum of 12 weeks of total, combined leave per year.
For 2025 and 2026, the state rates total of .80% (comprised of .40% medical, .08% family caregiving and .32% parental leave) to be split evenly by the employee and employer.
Under the state program, employers who intend to share the cost of coverage with their employees will need to begin employee payroll deductions starting January 1, 2025.
Delaware PFML requires written notice of PFML rights to each employee:
At the time of hire, when an employee requests PFML, or when an employer knows an employee’s leave may be covered by PFML
Employers must conspicuously display a poster at their place of business in English, Spanish and any language that is the language spoken by at least 5% of the employer’s workforce
The notice should include general information about the employees’ PFML benefits, amount of benefits, the procedure for filing a claim, their right to job protection and benefits continuation, and other relevant details.
Will Guardian be offering a private plan solution?
Guardian will be offering a private plan solution to assist covered employers in meeting their obligation to provide Delaware PFML coverage.
Our product offering will be fully-insured and state-approved. Plus, our digital capabilities can make administration easier – with online claims submission and access to bills, policies, and reports.
You can count on:
Dedicated support to file a private plan exemption with the state
Assistance with adjusting Short Term Disability (STD) and Long Term Disability (LTD) plan designs to integrate with a PFML plan
A single point-of-contact for disability and/or paid leave claims inquiries
Experienced claims management by tenured professionals, including safe and effective return to work support
Updates on new regulations and ongoing guidance to keep you compliant
Guardian can help you manage it all
Effective employee leave management is key to ensuring your business remains compliant with state laws, helping you avoid costly fines.
Guardian has provided employers with statutory disability plans for more than a decade, taking a consultative approach to bring resources together for successful PFML plan implementation and management, no matter the level of complexity. Our management of PFML plans help ensure that any Human Resources team can meet the challenge of efficiently managing employee leaves while helping to ease administrative burden and enhancing compliance. Our plans are fully insured, state-approved, and backed by digital capabilities designed to help make administration easier.
Further, our Guardian absence management solutions can help reduce the administrative burden and enhance compliance with the integrated management of STD and LTD benefits, state and federal family medical leaves, and company leaves. Available to companies with 50 or more employees, employers can choose from a variety of plans and service options, including ADA support.
Information provided on this blog is intended for general educational use. It is not intended to provide legal advice. Guardian does not provide legal services. Consult an attorney for legal advice on this or any other topic.
Links to external sites are provided for your convenience in locating related information and services. Guardian, its subsidiaries, agents, and employees expressly disclaim any responsibility for and do not maintain, control, recommend, or endorse third-party sites, organizations, products, or services and make no representation as to the completeness, suitability, or quality thereof.
Group insurance products are underwritten and issued by The Guardian Life Insurance Company of America, New York, NY. Products are not available in all states.
Guardian Absence SolutionsSM is a service mark of The Guardian Life Insurance Company of America.
Information provided on this blog is intended for general educational use. It is not intended to provide legal advice. Guardian does not provide legal services. Consult an attorney for legal advice on this or any other topic.
Links to external sites are provided for your convenience in locating related information and services. Guardian, its subsidiaries, agents, and employees expressly disclaim any responsibility for and do not maintain, control, recommend, or endorse third-party sites, organizations, products, or services and make no representation as to the completeness, suitability, or quality thereof.
Group insurance products are underwritten and issued by The Guardian Life Insurance Company of America, New York, NY. Products are not available in all states.
Guardian Absence SolutionsSM is a service mark of The Guardian Life Insurance Company of America.