Tax
Regulations
To comply with Delaware Paid Leave regulations and the private Paid Family and Medical Leave (PFML) Insurance plan, it is important to understand the various rules regarding the taxation of benefits and the obligations of employers and employees.
Premium Contributions
Delaware employers are responsible for collecting and remitting premium contributions, which are based on percentage of gross employee wages. With limited exceptions based on employer size, employers generally must pay at least 50% of the total contribution amount, and the remainder is deducted from the employee via payroll deduction. Delaware Paid Leave sets the maximum contribution rate that can be charged to employees.
Taxation of Benefits
The Internal Revenue Service (IRS) has not provided specific guidance regarding the taxation of paid leave benefits from private plans. However, existing federal guidance on similar benefits offers some insights into how these benefits should be treated for tax purposes.
In 2025, the IRS released guidance regarding the taxation of PFML benefits from a state-paid PFML program in Revenue Ruling 2025-4. Implementation and enforcement of these requirements have been delayed until 2027.
Based on our interpretation of this existing guidance, the tax implications of paid leave benefits depend on the reason for the leave:
- Family caregiving leave, including for a qualified military exigency, is considered fully taxable income to the employee taking the leave.
- Medical leave benefits are taxable to the extent they are attributable to employer‑paid contributions. Benefits attributable to employee contributions made on an after‑tax basis are not taxable.
Third-Party Sick Pay Reporting
Some paid leave benefits for an employee’s own serious health condition are considered third-party sick pay, which makes American Fidelity a third-party payer of sick pay. As an employer, you are responsible for reporting all sick pay benefits paid by third parties on Form W-2 and employment tax forms. To adhere to third-party sick pay reporting requirements, employers must report the entire amount of PFML Insurance benefits paid to an employee during their leave due to their serious health condition. This data must be reported on the employee’s Form W-2 for the year in which the benefits were paid. American Fidelity’s Tax Assist service can help with this task for an additional fee.
Employee Income and FICA Tax
American Fidelity will withhold applicable federal and state income taxes from PFML Insurance taxable benefits that are considered third-party sick pay to the extent required, including the employee’s portion of FICA tax. The employer is responsible for remitting any additional state, local, or federal taxes, and completing any required Form W-2 reporting. Please consult an attorney or tax professional regarding your specific situation.
While the IRS has not provided definitive guidance, for medical leave benefits, the employer paid portion of the taxable benefit is subject to FICA and reported on Form W-2. We will provide third-party sick pay reporting to employers so they can properly report and prepare Form W-2 for their employees. Employers are responsible for all Form W-2 reporting. American Fidelity’s Tax Assist service can help with this task for an additional fee.
American Fidelity will send a Form 1099-MISC directly to employees for all benefits not for the employee’s own serious health condition by the end of January. If an employee has not received their appropriate tax forms by the second week of February, they should contact us through their online account or call 800-662-1113.
All employers and employees should consult their own tax advisors regarding the tax consequences of PFML Insurance contributions and benefits.
Employer Responsibilities
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