Delaware’s Paid Leave Summary

What is Delaware Paid Leave?

  • It’s a state program under the Healthy Delaware Families Act.
  • The purpose is to give workers financial support when they need time off from work for serious life-events (health issues, caring for family, etc.).

Who’s Eligible/ Requirements

  • Must have been employed for at least 1 year with the same employer.
  • Must have worked at least 1,250 hours with that employer.
  • Also, there must be a qualifying event that lasts at least 7 days.

The Types of Leaves Covered

  • If leave is approved, the program allows up to 80% of wages (with a cap of $900 per week).
  • The leave can be for the following reasons:
    • To care for a new child;
      Maximum Duration: up to 12 weeks per year.
    • To care for a family member with serious health condition;
      Maximum Duration: up to 6 weeks every 24 months.
    • For your own serious health condition or injury;
      Maximum Duration: up to 6 weeks every 24 months.
    • To assist while a loved one is on overseas military deployment;
      Maximum Duration: up to 6 weeks every 24 months.
  • Overall, employees can take up to 12 weeks of combined leave per year.

Who Must participate (Employers)

  • Most businesses with 10 or more employees working in Delaware are required to participate.
  • Some exemptions/include:
    • Employers with 9 or fewer employees are exempt.
    • Employers with 10-24 employees are required to provide parental leave only under the program.
    • Employers with 25 or more employees provide full coverage.
    • Federal government employees are exempt.
    • Seasonal operations that shut down for a month or more are exempt.

When Does It Go Into Effect

  • Contributions started January 1, 2025.
  • Employees will be able to submit claims beginning Jan 1, 2026.

Some other key deadlines:

  • April 30, 2025: first quarterly Hours & Wage Report due.
  • July 30, 2025: first and second quarterly contributions submission.

Cost/ Contributions

  • The program is funded via contributions, which amount to less than 1% of an employee’s weekly salary. Maryland is building a similar program, outlined in the Maryland FAMLI summary. Minnesota’s program started January 1, 2026, as covered in the Minnesota Paid Leave update.
  • Employers may require employees to pay up to half of the cost.

For information on LeaveSource by Qcera please contact our leave team at leaveteam@qcera.com | Leave Management Software.

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