Delaware Paid Leave
Delaware Key Dates

Who is Covered?

Employers

Covered
  • Has 10 - 24 Delaware-based employees in the previous 12-months (Subject to ONLY Parental Leave)
  • Has 25 or more Delaware-based employees in the previous 12 months (Subject to ALL types of leave)
  • Nonprofits and faith-based employers (e.g., churches, mosques, temples, etc.), state agencies, county governments, municipal governments, and schools are all included in the mandate
Not Covered
  • Federal government employers
  • Certain seasonal employers

Employees

Covered
  • Has been employed with a covered employer for at least 12 months and worked at least 1,250 hours for that employer in the most recent 12 months
  • Works primarily in Delaware by earning at least 60% of their wages in Delaware each quarter
  • Most public sector workers are covered
Not Covered
  • Federal government employees
  • Employees who do not work primarily in Delaware

Types of Leave

Family

Up to 6 weeks every 24 months

Medical

Up to 6 weeks every 24 months

Parental

Up to 12 weeks in an application year

Qualified Military Exigency

Up to 6 weeks every 24 months

 

Employees are limited to 12 weeks of leave in a 12-month period, regardless of the type of leave.
Benefits Banner

Benefit Amount: 80% of a worker’s average weekly wage

 

Maximum weekly benefit = up to $900

Things to Consider

How will these plans affect employers, labor unions, and associations?

  • Paid leave, short-term disability plans, and long-term disability plans have often been negotiated between management and employee bargaining units.
  • How will the new program affect the ability to negotiate specific needs on behalf of employees?
  • How will this impact the ability for unions and/or associations to negotiate benefits based on need?
  • Could this impact the overall benefit selection process and the need to collaborate on selection outcomes?

Are employers prepared to manage the additional administrative tasks associated with these types of plans?

  • How will employers manage the possible increase in the number of employees out on leave?
  • Will employers have the ability to provide an adequate workforce to account for employees who are on leave?
  • How will the new program integrate with sick leave, sick leave banks, sick leave donations, etc.?

How will this impact retention or recruitment?

  • How will employers preserve the value of employer-provided benefit plans as a differentiator?
  • Will it be necessary to offer supplemental benefits to fill potential holes in PFML coverage (waiting periods, long-term disability, etc.)?
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