Delaware has enacted the Healthy Delaware Families Act, requiring job-protected, paid family and medical leave for employees in Delaware. The leave is funded by employer and employee contributions that begin Jan. 1, 2025. Leave benefits become available Jan. 1, 2026, and will provide up to 80% of workers’ weekly wages.

Family and Medical Leave in Delaware (DE)

Delaware Paid Family and Medical Leave

In May 2022, Delaware enacted the Healthy Delaware Families Act, requiring job-protected, paid family and medical leave for employees in Delaware. The leave is funded by employer and employee contributions that begin Jan. 1, 2025. Leave benefits become available Jan. 1, 2026, and will provide up to 80% of workers’ weekly wages.

Covered Employers and Employees

The law covers employers with 10 or more employees working in Delaware; however, only its parental leave requirements apply to employers with 10 to 24 employees. In addition, the law does not apply to businesses that are completely closed for 30 or more consecutive days per year.

In general, employees are eligible for leave if they have been employed for 12 months by their current employer, worked 1,250 hours during that time and primarily report for work at a worksite in Delaware.

Family and Medical Leave Benefits

Employers approve or deny applications for the leave, subject to appeal. Workers receive up to 12 weeks’ parental leave per year for child bonding, but employers with fewer than 25 employees may reduce an employee’s parental bonding leave by half for the first five years of the program. Leave is limited to six weeks per any 24-month period for an employee’s or family member’s serious health condition, or for a qualifying military exigency. Total combined family and medical leave is capped at 12 weeks per year per employee. 

Workers receive 80% of their average weekly wage, up to a maximum of $900 in 2026 and 2027, with increases thereafter linked to the consumer price index.

Funding

Program funding is shared equally between employers and employees via payroll contributions. The 2025 and 2026 contribution rate is 0.4% of wages for medical leave, 0.08% for family caregiving leave and 0.32% for parental leave.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.