DE Paid Family & Medical Leave, PFML

What is Delaware Family & Medical Leave Insurance?

DE Paid Leave is Delaware’s version of a state-mandated Paid Family & Medical Leave (PFML) program. Benefits under the program begin on January 1, 2026, and provide partial income replacement during job-protected leave for eligible employees to care for a qualified family member or their own qualifying medical condition.

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What Can Delaware Paid Family and Medical Leave Be Used For?

Delaware’s PFML law allows eligible employees to take paid time off for critical life events that impact their own health or the health of a family member, known as qualifying events. There are four types of leave that may be included under Delaware PFML:

Parental Leave after welcoming a new child to the family
Family Caregiving Leave to care for a family member with a serious health condition
Qualifying Exigency Leave to address the impact of a family member’s overseas military deployment
Medical Leave to address an employee’s own serious health condition due to illness or injury – this also includes pregnancy or childbirth complications.

What is the Maximum Leave Length for Delaware Paid Family and Medical Leave?

Family Leave icon

Parental Leave

provides up to 12 WEEKS*

of PFML benefits in a 12-month application year.

Family Leave icon

Medical Leave, Family Caregiving Leave, and
Qualifying Exigency Leave

provide a maximum aggregate of 6 WEEKS*

of PFML benefits in any 24-month period.

Employees can receive a maximum of

12 WEEKS

of total, combined leave in a 12-month application year.

*Benefits can be taken continuously or on either an intermittent or reduced schedule basis, subject to Delaware’s PFML regulations. Intermittent leave must be taken in whole day increments.

What is the Benefit Amount?

The weekly benefit amount calculation is 80% of the employee’s average weekly wage (AWW), capped at a maximum benefit amount of $900 in 2026 and 2027, with annual updates thereafter in accordance with the Delaware PFML law.

For the current minimum and maximum benefit amounts, please check here.

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What Type of Employers Have to Provide Delaware Paid Family and Medical Leave?

Effective January 1, 2026, some employers will be required to provide benefits under the Delaware PFML law:

Employers with 9 or fewer Delaware employees, the federal government, and any seasonal operation that shuts down for a month or more per year are exempt but may opt in to DE PFML.
Employers with 10-24 Delaware employees during the previous 12 months are only required to cover Parental Leave under DE PFML.
Employers with 25 or more employees during the previous 12 months are required to cover all types of leave under DE PFML.

Who is Covered?

Employees, including part-time employees, must have been employed for at least 12 months with their employer and have worked at least 1,250 hours with the same employer in the previous 12-month period before they are eligible for Delaware PFML benefits.

Where do employees need to be located to be covered by Delaware Paid Family and Medical Leave?

An employee’s location for the purposes of Delaware PFML benefit eligibility is based on where the employee works, not where the employee resides, i.e., their job needs to be physically performed in Delaware for at least 60% of the hours worked. Employees who live in Delaware but work in another state are not covered, subject to the DE PFML regulations.

How Much Does the Delaware Paid Leave State Plan Cost?

The rate is structured as a percent of an employee’s covered wages (i.e., the Federal Insurance Contribution Act (“FICA”) wages that the employee earned inside the State of Delaware) up to the Social Security cap. While Delaware’s Department of Labor sets the contribution rate for the State Plan, Private Plans set their own rate. Please click here for the current cost of coverage through the State-provided plan. If you are an employer and are interested in a Private Plan and would like to obtain a quote for private coverage, please contact your broker.

Employees can be waived from paying contributions if the employee is expected to work less than 12 months for the employer or expects to work less than 25 hours per week on average.

How are Delaware contributions split for the State Plan?

When providing full PFML coverage through the State Plan, the total contribution rate gets allocated among the 3 different lines of coverage (i.e., when all leave types are included in the coverage):

Medical Leave
Parental Leave, and
Family Caregiving / Qualifying Exigency Leave

For more details on the current rates, please see here.

Employers must pay at least 50% of the total contributions required.

An employer may provide all family and medical leave coverage through an approved Private Plan or may provide 1 or more of medical leave coverage, family caregiving leave coverage, or parental leave coverage using an approved Private Plan and provide the remaining coverage not provided through an approved Private Plan using the State program. If selecting a Private Plan, a licensed insurance broker can help advise you on making an informed choice.

A few notes on Private Plans:

Private Plans cannot cost employees more than the State Plan.
Employers with a Private Plan cannot withhold more than the maximum employee contribution set by the State. The employee’s contribution percentage also cannot exceed 50%.

Are contributions required for employees who live in DE but work in an out-of-state location?

No, contributions are not required for these employees since they are not eligible for coverage, unless the employee has been formally reclassified as a Delaware employee.

Are contributions required for employees who live out-of-state and work in Delaware?

Yes, contributions are required for these employees since they are covered unless the employee has a waiver in effect that has been approved by the State.

Do Employers Have to Provide Coverage Through the Delaware Paid Leave State Plan?

Delaware employers have the option to provide some or all the required PFML coverages through the State Plan or a Private Plan. A fully insured, approved Private Plan is an alternative to the State Plan that at least meets or exceeds the rights, protections, and benefits of the State Plan. An approved Private Plan can be either self-insured by an employer or fully insured through an approved insurance carrier, such as ShelterPoint*, in which coverage is provided in the form of a Paid Family & Medical Leave (PFML) insurance policy.

What are the advantages of a Private Plan?

Private carriers, such as ShelterPoint, have built the experience, scalability, and agility to manage Paid Family & Medical Leave coverage and have the resources to expand and enhance capabilities continuously toprovide smooth customer services from onboarding to claims.

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What Obligations Do Employers Have?

Some of the most important employer obligations include:

Employers are required to inform their employees about the Delaware PFML benefit

at the time of hire.
when an employee indicates that they wish to take leave for one of the qualifying events.
when the employer acquires knowledge that their employee’s leave may be for a qualifying event.

Employers must display and maintain a notice poster in a conspicuous place accessible to employees at the employer’s place of business. The notice must contain certain required information about the DE PFML program, rights, and benefits, and it must be in English, Spanish, and any language that is the first language spoken by at least 5% of the employer’s workforce.

Employers need to submit wage and hour reports electronically every quarter, whether they have a Delaware PFML Private Plan or participate in the State Plan.
Since Delaware’s PFML law provides job protection, employees who return to work are entitled to be restored to the position they held when starting their leave or to a position with equivalent terms and benefits.
Additionally, employers need to continue providing health insurance benefits to an employee who is out on Delaware PFML. The employee must also continue to make any regular contributions to the cost of the health insurance premiums.

What Additional Obligations Will DE Paid Leave Bring for Employers with Coverage through the State?

If the employer participates in the State Plan, they will have additional responsibilities throughout the claim process, such as:

Helping employees complete Delaware Paid Leave program processes
Making a good faith effort to assist the employee in gathering all the required information
Adjudicating the claim applications within 5 business days once the completed claim form is submitted with all supporting documents – this includes:
- determining whether a claim qualifies under Delaware Paid Leave guidelines and should be paid based on the healthcare provider’s recommendation provided through the Delaware LaborFirst online administrative system
- communicating a claim determination to the employee and the Division via the Delaware LaborFirst portal within 3 business days of when the claim determination is made
- calculating weekly benefit amounts
- determining how long benefits should be paid out
- tracking the amount of leave used and still available to be taken
Participating in appeals.

In essence, employers participating in the State Plan will need to develop practical expertise in DE Paid Leave and applicable employment / labor law, learn how to adjudicate DE Paid Leave claims, navigate the dynamics of being intimately involved in their employees’ leave requests, and ensure that they have sufficient capabilities and resources to perform all of the administrative DE Paid Leave functions expected of them.

When choosing to provide Delaware PFML coverage through a fully insured Private Plan, it is the responsibility of the Private Plan carrier, like ShelterPoint, to fully administer and pay Delaware PFML claims.

Additional Delaware Paid Leave Questions

Is Delaware Paid Family and Medical Leave mandatory?

Yes, Delaware Paid Family and Medical Leave is generally a required benefit that Delaware employers with at least 10 employees are required to provide. The exact level of benefits required of the employer depends on the number of its employees who work in the state of Delaware.

What is the difference between Delaware Paid Family and Medical Leave and short-term disability?

Short-term disability (“STD”) typically refers to a voluntary insurance product that provides certain income-replacement benefits for an employee’s own health condition. STD is separate and distinct from Delaware PFML, which is a state-mandated benefit for employers to provide their Delaware employees with up to 12 weeks of paid leave for a broader set of qualifying reasons, including parental leave, family caregiving leave, and leave for a qualified exigency related to a military deployment, in addition to for the employee’s own serious health condition. While STD and Delaware PFML are similar in some respects, their specific coverage details may differ. Delaware PFML is not intended to fully replace STD coverage, which an employer may still wish to provide separately.

Does Delaware Paid Family and Medical Leave provide job protection?

Yes, see What Obligations Do Employers Have?

Who is considered a “family member” under Delaware Paid Family and Medical Leave?

The employee’s spouse, including same-sex marriage (but does not include domestic partners)
The employee’s child (including biological, adoptive or foster child, or stepchild, or a legal ward)
A parent of the employee (including biological, adoptive or foster parent, or stepparent, or someone who stood in loco parentis to the employee when they were a minor)

What is considered a serious health condition under Delaware Paid Family and Medical Leave?

Delaware Paid Family and Medical Leave uses the federal Family and Medical Leave Act’s (“FMLA’s”) definition of a serious health condition. To qualify as a serious health condition, the illness, injury, impairment, or physical or mental condition must meet at least one of the following criteria:

inpatient care in a hospital, hospice, or residential medical care facility
continuing treatment by a licensed healthcare provider due to:
- a period of incapacity of more than three consecutive, full calendar days
- pregnancy and prenatal care
- a chronic serious health condition
- a permanent or long-term condition for which treatment may not be effective
- receiving multiple treatments either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than 3 consecutive, full calendar days in the absence of medical intervention or treatment

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This material is for informational purposes only and is not intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice. Any program information is based on our knowledge and understanding of Delaware’s applicable laws and regulations as of the publication date and may change as laws or regulations evolve, or as the Delaware Department of Labor issues updated guidance. Further, this material is for illustrative purposes only, providing a general overview of the services described. It is not a contract nor intended as an offer of coverage.

Policies are subject to Underwriting approval. Policies are reviewed annually and may be cancelled for nonpayment. All coverage extends to limits reflected in the policy. Please refer to the policy for coverage details pursuant to its governing law, including a complete listing of covered services, provisions, conditions, exclusions, limitations, and terms under which the policy may be continued or cancelled. In the event of conflicting information with the policy and its governing Law, the policy and governing Law will take precedence over what is shown in this material. Claim payment is not guaranteed; benefit amount depends on wages. All images licensed through Adobe and iStockphoto.

The provisions of the Delaware Family and Medical Leave Insurance Program, 19 Del. C. § 3701 et seq., and its implementing regulations, 19 Del. Admin. Code § 1401 et. seq. govern this Private Plan and its interpretation and administration. Available in DE only.

Underwritten by: ShelterPoint Life Insurance Company (principal office in Garden City, NY) in: DE (form# SPL PFMLP 0624 DE).

PFML Resource Center

Delaware Paid Family & Medical Leave:
Overview

What is Delaware Family & Medical Leave Insurance?

What Can Delaware Paid Family and Medical Leave Be Used For?