DE Paid Family & Medical Leave, Private Plans

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Do Employers Have to Provide Delaware Paid Family & Medical Leave Through the State Plan?

Delaware Paid Family and Medical Leave is the Private Plan equivalent of the DE Paid Leave State Plan. Delaware employers have the option to provide some or all of the required Delaware PFML benefits through the State Plan or an approved Private Plan.

All Private Plans must meet or exceed the rights, protections, and benefits for each leave type in comparison to the State Plan and cover the same employees as the State Plan.

Small employers with fewer than 100 employees, who opt for private PFML coverage, have to provide PFML coverage in the form of an insurance policy from an approved carrier, such as ShelterPoint^*, and are not generally eligible for a self-insured plan without approval from the Delaware Department of Labor.

Employers with 100 or more employees can provide a Private Plan (for one or more of the leave types) on either a self-insured basis or in the form of an insurance policy from an approved carrier, such as ShelterPoint.

Delaware PFML Insurance

Benefits are scheduled to begin January 1, 2026

What Is an Approved Private Plan?

In Delaware, employers have options when it comes to Private Plans, such as a fully insured Private Plan through a commercial carrier like ShelterPoint. Alternatively, employers may self-insure, either administering the plan themselves or using a third-party administrator (TPA).

Regardless of the type of Private Plan, it must meet the following requirements:

Provide equal or better benefits than the Delaware Paid Leave State Plan
Cover all employees eligible under the State Plan
Deduct no more from employees than what their maximum contribution would be through the State Plan
Be approved by the Delaware Department of Labor – Division of Paid Leave and comply with all laws and regulations relating to Delaware Paid Family and Medical Leave

Generally speaking, obligations and notice requirements remain the same whether an employer has the State Plan or a Private Plan.

Why Would an Employer Want a Private Plan?

Reason 1
Private carriers like ShelterPoint have built the experience, scalability, and agility to manage this type of state-required coverage and have the resources to continuously expand and enhance capabilities to provide smooth service from onboarding to claims.

Reason 2
Private Plan carriers have resources to help employers like you remain in compliance and adequately informed.

Reason 3
Insurance carriers like ShelterPoint have long-standing experience around administering and paying claims, which contributes to fast claims turnaround and smooth claims service.

ShelterPoint’s Private Plan is issued in the form of a Paid Family & Medical Leave (PFML) policy that provides a fully insured, compliant, stand-alone private option at competitively underwritten rates in Delaware.

Download this guide about Private Plans to learn more about its advantages for you and your employees.

Learn how to get started with a Delaware Private Plan here.

How to Apply for a Fully Insured Delaware Paid Family & Medical Leave Private Plan Through ShelterPoint

Here’s an overview of the steps you, as the employer, need to take in Delaware to apply for a fully insured Private Plan.

Step 1 – You and your broker

Provide your broker with the information they need to request a quote. Most carriers will have similar information requirements in order to issue a quote. For ShelterPoint specifically, please provide the following information about your group through your broker:

Your company’s full information, including full legal name, address, and SIC code.
Census with employees working at your DE location(s) who are eligible for PFML (find more details on employee eligibility here):
- Gender
- Employment status (full-time, part-time, or 1099ers)
- Date of birth (DOB)
- Total Wages
Include part-timers who meet the eligibility requirements.
Desired effective date

If needed, we may require additional information.

Step 2 – ShelterPoint

Based on your information, we will provide a proposal.

At ShelterPoint, after you have accepted the proposal, we will provide an application for coverage to issue the Delaware Paid Family & Medical Leave policy. We will also prepare the Policy Kit, which you will need to provide to the Delaware Department of Labor, through the Delaware LaborFirst website, as part of the Private Plan application.

Step 3 – You

Through your Delaware LaborFirst Employer Portal account, submit your Private Plan Exemption Application, which includes uploading the Policy Kit.

Step 4 – Delaware PFML

The Delaware Department of Labor may reach out with questions while reviewing your application in detail through the Delaware LaborFirst Employer Portal.

Should they have any questions, your broker and our team of experts can help you with the response.

Step 5 – You and Your broker

Your broker will then need to provide us with a copy of the exemption approval.

It’s important to remember that you will need to renew your Private Plan Exemption every year!

Time flies! So, we will remind you when it’s time for the renewal and help guide you through that process.**

**ShelterPoint is under no legal obligation to provide employers/policyholders with a reminder to renew their annual Private Plan exemption with the DE Department of Labor, Division of Paid Leave and ShelterPoint assumes no responsibility or liability for failure to issue any such reminder notice to an employer/policyholder, nor does it guarantee the accuracy of the information provided in any such reminder notice. It remains the sole responsibility of the employer/policyholder to remain independently informed of their Private Plan exemption renewal date and to timely file a renewal of its Private Plan exemption as set forth in, and in accordance with, any and all DE PFML laws and regulations.

How to Keep the Delaware Paid Family & Medical Leave Private Plan Active

Once a Private Plan is approved, the employer is responsible for renewing the approved Private Plan with the Delaware Department of Labor on a yearly basis between October 1 and December 1 to be effective January 1 of the following calendar year.

Important Facts to Know When Providing a Fully Insured Delaware Paid Family & Medical Leave Private Plan

Even though, as an employer with an approved Delaware Paid Family and Medical Leave Private Plan, you pay the premium to your insurance carrier instead of the State, all employers with Delaware employees are still responsible for electronically submitting wage and hour reports every quarter to the Delaware Department of Labor via the Delaware LaborFirst Portal.
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%.
Once the Private Plan is in effect, employees apply for their benefits, i.e., file their claims, directly with their employer’s Private Plan carrier.

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^*The ShelterPoint family of companies operates under the “ShelterPoint” name strictly as a marketing name, and no legal significance is expressed or implied. The ShelterPoint family of companies consists of ShelterPoint Life Insurance Company (principal office in Garden City, NY) and its wholly-owned subsidiary ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state. ShelterPoint is a registered service mark.

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 DE’s applicable laws and regulations as of the publication date and may change as regulations evolve or DE 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).

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All policies are underwritten and administered by either ShelterPoint Life Insurance Company (principal office in Garden City, NY), or ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state. Contact Underwriting for details.
Policies for Private Plans of Statutory Benefit Programs are underwritten by ShelterPoint Life Insurance Company (principal office in Garden City, NY) in NY, NJ, CT, MA, CO; and underwritten by ShelterPoint Insurance Company (a FL-domiciled carrier) in OR. Click here to view availability by state.
For information about which company is licensed in your state, please visit our Geographic & Jurisdictional Notice.

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Delaware Paid Family & Medical Leave:
Private Plan Option