The Delaware Department of Labor (DOL) issued regulations and guidance on implementing the state’s Paid Leave program (Family and Medical Leave Insurance Program). This payroll-funded program will include contributions from covered employers and employees.
Eligible employees may begin using paid leave for qualified reasons starting on January 1, 2026. The following are the qualified reasons and approved durations:
- Parental leave: Up to 12 weeks in a 12-month period for birth, adoption, or placement of a child through foster care (or caring for the child during the first year after placement or birth)
- Military family leave: Up to six (6) weeks during a 24-month period to address a qualifying emergency arising from a family member who is a member of the U.S. Armed Forces and deployed.
- Family caregiver leave: Up to six (6) weeks during a 24-month period to care for a family member (child, spouse, or parent) with a serious health condition.
- Medical leave: Up to six (6) weeks during a 24-month period to care for an employee’s serious health condition.
The following dates are important to note:
- October 1, 2023 – January 1, 2024: The Portal opens, allowing employers to “grandfather” in existing paid time off benefits or reduce Parental Leave duration for employees.
- September 1, 2024 – December 1, 2024: Opt-in/opt-out open for employers who plan to use a private plan to opt out and smaller groups to opt into Delaware Paid Leave.
- January 1, 2025: Beginning of contributions for Delaware Paid Leave.
- January 1, 2026: Employees may begin submitting claim applications to receive payment.
Review additional details here.
This article is informational and does not constitute legal or financial advice. Consult with an employment lawyer or accountant for additional clarification on how these changes impact your company.
