Delaware Paid Leave Act

The Delaware Paid Leave Act (Healthy Delaware Families Act, SB 1) provides eligible workers with up to 12 weeks of paid leave for their own serious health condition, to care for a family member with a serious health condition, to bond with a new child, or for qualifying military exigencies. The program is phasing in by leave type and employer size: as of January 1, 2026, employers with 25 or more employees must provide all leave types (parental, medical, caregiving, and military), while employers with 10 to 24 employees must provide parental leave only.

Benefits replace 80% of your average weekly wages, up to a maximum of $900 per week for 2026 and 2027, with a minimum of $100 per week. Parental leave provides up to 12 weeks of benefits; medical leave, caregiving leave, and qualifying exigency leave each provide up to 6 weeks. The total combined maximum is 12 weeks per benefit year. To be eligible, workers must have been employed for at least 12 months and worked at least 1,250 hours. The program is funded through payroll contributions of 0.8% of wages, split between employers and employees.

The 2025 amendments (HB 128) made significant changes: the state program is now the primary payor (your employer's private benefits supplement the state benefit, not the other way around), employers cannot force you to exhaust PTO before accessing state benefits, and small employers under 10 employees can voluntarily opt in on a rolling basis.

Job protection is included under 19 Del. C. § 3707: employers must reinstate workers to the same or an equivalent position upon return. Anti-retaliation protections under § 3708 prohibit adverse action for requesting or taking leave. The Delaware Department of Labor administers the program through the LaborFirst portal.

Covered family members are limited to your child, parent, and spouse (or domestic partner). This is a narrower definition than most other state paid leave programs. Your employer must continue your group health insurance during paid leave on the same terms as if you were still working.

Delaware also enforces anti-discrimination protections through the Delaware Discrimination in Employment Act (DDEA), which prohibits disability discrimination, including mental health conditions, for employers with 4 or more employees. Delaware requires mental health parity in insurance coverage.