Delaware's New Paid Leave Program: Your Benefits and How to Apply
Delaware joined the growing list of states offering paid family and medical leave when Governor Carney signed SB 1 into law in May 2022. After a year of payroll contributions, the program is now live. As of January 1, 2026, eligible Delaware workers can file claims and receive benefits under the Healthy Delaware Families Act (19 Del. C. Chapter 37). Here is everything you need to know about who qualifies, what the program pays, and how to file your claim.
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What Delaware's Paid Leave Covers
The Healthy Delaware Families Act created four categories of qualifying leave. Each one covers a different life situation, and you do not have to choose just one. If you need leave for multiple qualifying reasons within the same year, you can use your available weeks across categories (subject to the combined cap discussed below).
- Medical leave: You have a serious health condition that prevents you from working. This covers recovery from surgery, chronic illness flare-ups, inpatient hospital stays, and any condition that requires continuing treatment by a healthcare provider. Think of it as the Delaware equivalent of medical FMLA, but paid.
- Parental leave: You are bonding with a new child after birth, adoption, or foster placement. Both parents are eligible, not just the birth parent. Parental leave must be taken within the first year after the child arrives.
- Family caregiving leave: You need to care for a family member with a serious health condition. Covered family members include a spouse, child, parent, grandparent, grandchild, sibling, or domestic partner under Delaware law.
- Military qualifying exigency leave: You need time off because a family member has been called to active military duty. This mirrors the federal FMLA qualifying exigency provision, covering situations like short-notice deployment, military events, childcare arrangements, and financial or legal matters arising from the deployment.
All four categories are part of the same program and administered by the Delaware Department of Labor's Division of Paid Leave. You file through one portal regardless of the type of leave you need.
Who Qualifies and Employer Size Rules
Not every Delaware worker is automatically covered. Eligibility depends on both your individual work history and the size of your employer. The law created a tiered system that phases in coverage based on headcount.
Your Individual Requirements
Work location
You must work primarily in Delaware, meaning at least 60% of your working time is spent in the state
Employment duration
You have worked for your current employer for at least 12 months
Hours worked
You have worked at least 1,250 hours during the 12 months before your leave begins, roughly 24 hours per week
Employer Size Thresholds
Delaware structured its program so that the smallest businesses are not burdened with mandatory participation, while workers at larger employers get full coverage. Here is how it breaks down:
| Employer Size | Coverage |
|---|---|
| Under 10 employees | Not covered. Employer may voluntarily opt in to the program. |
| 10 to 24 employees | Parental leave only. Medical leave and family caregiving leave are not required at this tier. |
| 25 or more employees | Full coverage: all leave types (medical, parental, family caregiving, and military qualifying exigency). |
How Much You'll Receive
Delaware's paid leave program replaces 80% of your average weekly wages, subject to a floor and ceiling. For 2026 and 2027, the maximum weekly benefit is $900, and the minimum is $100.
Here is what that looks like in practice:
| Your Weekly Wages | 80% Calculation | Weekly Benefit |
|---|---|---|
| $500/week | $400 | $400 |
| $800/week | $640 | $640 |
| $1,125/week | $900 | $900 (at the max) |
| $1,500/week | $1,200 | $900 (capped at max) |
The program is funded through payroll contributions of 0.8% of wages, split between employers and employees. You have likely already seen these deductions on your pay stubs since January 2025, when contributions began. The contribution rate covers all leave types under the program.
How Long You Can Take Leave
The amount of leave you can take depends on the type of leave and the time period. Delaware set different durations for different categories, and there is an overall combined cap.
| Leave Type | Maximum Duration | Measurement Period |
|---|---|---|
| Parental leave | 12 weeks | Per 12-month period |
| Medical leave | 6 weeks | Per 24-month period |
| Family caregiving leave | 6 weeks | Per 24-month period |
| Combined cap (all types) | 12 weeks | Per 12-month period |
The combined cap matters when you need more than one type of leave in the same year. For example, if you take 6 weeks of medical leave for your own health condition, you still have up to 6 weeks available for parental or caregiving leave within that same 12-month period. But you cannot exceed 12 total weeks of paid leave in any 12-month window regardless of category.
Notice the different measurement periods. Medical leave and family caregiving leave each reset every 24 months, while parental leave resets every 12 months. This means if you used all 6 weeks of medical leave this year, you would need to wait until the 24-month period expires before you can take another 6 weeks of medical leave. Parental leave, on the other hand, refreshes annually.
Job Protection and Anti-Retaliation
Paid leave is only useful if you still have a job when you come back. Delaware's law includes strong job protection provisions that go hand-in-hand with the wage replacement benefits.
Under 19 Del. C. § 3707, your employer must reinstate you to the same position you held before your leave, or to an equivalent position with the same pay, benefits, seniority, and working conditions. Your employer must also continue your group health insurance coverage for the duration of your leave on the same terms as if you had not taken leave at all.
The anti-retaliation provision under 19 Del. C. § 3708 makes it illegal for your employer to:
- Fire, demote, or discipline you for requesting or taking paid leave
- Reduce your hours, pay, or responsibilities in response to your leave
- Treat your leave as a negative factor in performance reviews, promotions, or other employment decisions
- Discourage you from applying for benefits or pressure you to return before your leave period ends
- Count your approved paid leave as unexcused absences under an attendance policy
How to File a Claim
Delaware built a centralized online portal for all paid leave claims. The process is straightforward, but there are some details worth knowing before you start.
Before filing, make sure you meet the three individual requirements: you work primarily in Delaware (at least 60% of your time), you have been with your employer for at least 12 months, and you have worked at least 1,250 hours in the past year. Also confirm that your employer meets the size threshold for the type of leave you need (10+ for parental, 25+ for all other types). Our free rights check tool can help you confirm this in a few minutes.
For medical leave or family caregiving leave, you will need a healthcare provider's certification confirming the serious health condition. For parental leave, you will need documentation of the birth, adoption, or foster placement. Military exigency claims require documentation of the active duty order. Have your employer's name, your employment dates, and recent pay information ready as well.
Go to the Delaware LaborFirst portal at labor.delaware.gov/laborfirst to create an account and submit your claim. The portal walks you through each section, including identifying your leave type, uploading supporting documentation, and entering your employment details. Make sure all information matches what your employer has on file.
Once you file, your employer has 5 business days to approve or deny your claim. If they deny it, you will receive a written explanation and information about how to appeal. Keep an eye on your portal account and email for status updates during this period.
After approval, benefit payments are issued by the Division of Paid Leave. Payments are based on your average weekly wages at the 80% replacement rate, subject to the $900 weekly cap. If you have any questions during the process, you can contact the Division of Paid Leave directly at PFML@Delaware.gov or call 302-761-8375.
What Changed in 2025: Key Amendments
Before benefits even started flowing, Delaware's legislature passed significant amendments to the program. HB 128 (House Substitute No. 1), signed on July 30, 2025, made several worker-friendly changes that affect how the program operates in practice. If you read about Delaware paid leave before these amendments, some of the rules have changed.
The most important changes include:
- Delaware paid leave is now the primary payor. Previously, there was ambiguity about whether your state benefits or your employer's existing leave policies came first. Under the amended law, the state program pays first. Your employer's private benefits supplement the state benefit, not the other way around.
- No more forced PTO exhaustion. The original law left open the possibility that employers could require you to burn through your accrued PTO, sick days, or vacation time before accessing state benefits. HB 128 eliminated that. You choose whether to use your PTO alongside state benefits. Your employer cannot make that decision for you.
- Rolling private plan applications. Employers who want to use their own private paid leave plan instead of participating in the state program can now apply on a rolling basis. Previously, there were fixed application windows. This makes it easier for employers to set up qualifying private plans at any time.
- Small employer voluntary coverage rules. The amendments clarified the process for employers with fewer than 10 employees who want to voluntarily opt in. This gives more small-business workers a potential path to coverage even though their employers are not required to participate.
Frequently Asked Questions About Delaware Paid Leave
Benefits became available on January 1, 2026. Payroll contributions began a year earlier on January 1, 2025, to fund the program before the first claims were paid out. If you meet the eligibility requirements, you can file a claim through the Delaware LaborFirst portal now.
The program replaces 80% of your average weekly wages, up to a maximum of $900 per week for 2026 and 2027. There is also a minimum benefit of $100 per week. If you normally earn $800 per week, for example, your benefit would be $640 per week.
Yes. Under 19 Del. C. § 3707, your employer must reinstate you to the same position or an equivalent one with the same pay, benefits, and working conditions. Your employer must also maintain your health insurance while you are on leave.
No. Under the 2025 amendments (HB 128), Delaware's paid leave program is the primary payor. Your employer cannot force you to exhaust your accrued PTO, sick time, or vacation days before your state benefits kick in. You may choose to use PTO to supplement your benefits, but it is your decision.
Employers with fewer than 10 employees are not automatically covered by the Healthy Delaware Families Act. However, small employers can voluntarily opt in to the program. If your employer has not opted in, you would not be eligible for state benefits, though you may still have protections under federal FMLA if your employer meets that law's size requirements.
Not Sure What You're Entitled To?
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