DE State Leave Regulation
Delaware’s leave framework has changed significantly with the launch of Delaware Paid Leave, the state’s paid family and medical leave program. Contributions began on January 1, 2025, and Delaware Paid Leave went fully into effect on January 1, 2026, with employees able to submit claims beginning in 2026.
Delaware Paid Leave is the state’s primary longer-duration leave program. It provides wage replacement and is designed to allow employees to take leave for major life events while maintaining job security. Delaware does not have a broad statewide private-sector paid sick leave law comparable to some other states, so leave administration should separately track Delaware Paid Leave, employer PTO policies, crime-victim protections, jury duty protections, election officer leave, military/public-sector leave, and federal FMLA obligations.
DE State Leave Regulation
Delaware’s leave framework has changed significantly with the launch of Delaware Paid Leave, the state’s paid family and medical leave program. Contributions began on January 1, 2025, and Delaware Paid Leave went fully into effect on January 1, 2026, with employees able to submit claims beginning in 2026.
Delaware Paid Leave is the state’s primary longer-duration leave program. It provides wage replacement and is designed to allow employees to take leave for major life events while maintaining job security. Delaware does not have a broad statewide private-sector paid sick leave law comparable to some other states, so leave administration should separately track Delaware Paid Leave, employer PTO policies, crime-victim protections, jury duty protections, election officer leave, military/public-sector leave, and federal FMLA obligations.
State Leave Summary Table
| Field | State-Specific Summary |
| State | Delaware |
| Primary Leave Agencies | Delaware Department of Labor; Delaware Paid Leave; Delaware Department of Human Resources for state employees; Delaware courts |
| Main Leave Categories | Delaware Paid Leave, parental leave, family caregiving leave, medical leave, military exigency leave, crime-victim court attendance protection, election officer leave, jury duty leave, military/public-sector leave |
| Federal Interaction | Delaware Paid Leave may overlap with federal FMLA when both apply. Employers should separately evaluate Delaware Paid Leave benefit eligibility, federal FMLA job protection, employer PTO, and other protected absence rights. |
Job Protected Entitlements
| Leave Type | DE Law/ Program | Job Protected | Paid Leave | Covered Employers | Employee Eligibility | Duration |
| State Paid Family / Medical Leave | Delaware Paid Leave / Healthy Delaware Families Act | Yes, where program requirements are met | Yes | Most businesses with 10 or more employees; smaller employers may opt in | Employee must primarily work in Delaware, have worked for the employer for at least 12 months, and have at least 1,250 hours of service in the last 12 months | Combined leave generally capped at 12 weeks per year |
| Parental Leave | Delaware Paid Leave | Yes | Yes | Covered Delaware Paid Leave employers | Same Delaware Paid Leave eligibility rules | Up to 12 weeks per year to care for a new child |
| Family Care Leave | Delaware Paid Leave | Yes | Yes | Covered Delaware Paid Leave employers | Same Delaware Paid Leave eligibility rules | Up to 6 weeks every 24 months to care for a family member with a serious health condition |
| Medical Leave | Delaware Paid Leave | Yes | Yes | Covered Delaware Paid Leave employers | Same Delaware Paid Leave eligibility rules | Up to 6 weeks every 24 months for the employee’s own serious health condition or injury |
| Military Exigency Leave | Delaware Paid Leave | Yes | Yes | Covered Delaware Paid Leave employers | Same Delaware Paid Leave eligibility rules | Up to 6 weeks every 24 months to assist while a loved one is on an overseas military deployment |
Paid Benefit Programs
| Leave Type | DE Law/ Program | Job Protected | Paid Leave | Administered By | Employee Eligibility | Duration |
| Delaware Paid Leave | Healthy Delaware Families Act / Delaware Paid Leave | Yes, where program requirements are met | Yes | Delaware Department of Labor | Employee primarily works in Delaware, has worked for the employer at least 12 months, and has at least 1,250 hours of service in the last 12 months | Up to 12 weeks combined leave per year; category-specific limits apply |
| Parental Leave Benefits | Delaware Paid Leave | Yes | Yes | Delaware Department of Labor | Same Delaware Paid Leave eligibility rules | Up to 12 weeks per year |
| Family Care / Medical / Military Leave Benefits | Delaware Paid Leave | Yes | Yes | Delaware Department of Labor | Same Delaware Paid Leave eligibility rules | Up to 6 weeks every 24 months for each covered category, subject to annual combined cap |
Job-Protected Leave Entitlement Descriptions
These laws create a protected right to take time away from work and generally require the employer to preserve employment rights, restore the employee to the same or comparable position, or otherwise avoid interference or retaliation.
Delaware Paid Leave
Delaware Paid Leave is the state’s primary paid family and medical leave program. It went fully into effect on January 1, 2026, and claims began in 2026. Most businesses with 10 or more employees must participate, while employers with fewer than 10 employees may voluntarily participate.
Delaware Paid Leave Eligibility and Duration
To qualify for Delaware Paid Leave, an employee must primarily work in Delaware, have worked for the employer for at least 12 months, and have at least 1,250 hours of service in the last 12 months. Delaware Paid Leave provides up to 12 weeks per year for a new child, up to 6 weeks every 24 months for family care, up to 6 weeks every 24 months for the employee’s own serious health condition or injury, and up to 6 weeks every 24 months for overseas military deployment-related needs. Employees are limited to a maximum of 12 weeks of combined leave per year.
*State Leave Law Summaries are for informational purposes only and are subject to change. To the extent possible, we will update these leave laws as and when States update their policies. However, there may be a time lag. Further, for specific applicability with a personal situation, Qcera advises contacting your employer’s HR department for support.