Delaware Paid Family and Medical Leave
On May 10, 2022, the Delaware Paid Family and Medical Leave (DE PFML) Program was signed into law. Contributions to DE PFML began January 1, 2025, with benefits beginning on January 1, 2026. Important upcoming dates:
October 1, 2025 to December 1, 2025: Opt-In/Opt-Out state web portal opens. Employers wishing to use a private plan can opt-out of the state’s public plan.
Starting on January 1, 2026, DE PFML will allow job protected paid time off to:
Care for a new child
Care for a family member with a serious health condition
Address a personal serious health condition or injury
Assist while loved ones are on overseas military deployment
Employers with 25 or more employees are subject to all parental, family caregiving, and medical leave provisions. However, employers employing between 10 to 24 employees are subject to only the parental leave provisions. Employers with less than 10 employees are exempt from the law. However, these small businesses may voluntarily elect to opt-in to the state program.
To be eligible, an employee must work primarily (60% of their time) in Delaware, have worked for their employer for at least 12 months, and have clocked at least 1,250 hours (about 25 hours a week) in the most recent 12 months.
Employees receive up to 80% of their average weekly wage. For 2026 and 2027, the maximum weekly benefit is $900. Maximum weekly benefit amounts will be tied to the relevant Consumer Price Index (CPI) thereafter.
DE PFML offers eligible workers:
Up to 12 weeks of parental leave per year to bond with and care for a new child (whether through birth, foster placement, or adoption)
Up to 6 weeks in a 24-month period for:
Medical leave to address an employee’s own serious health condition
Family caregiving leave to care for a family member with a serious health condition or address the impact of a family member’s military deployment
Employees are limited to a maximum of 12 weeks of total, combined leave per year.
For 2025 and 2026, the state rates total of .80% (comprised of .40% medical, .08% family caregiving and .32% parental leave) to be split evenly by the employee and employer.
Under the state program, employers who intend to share the cost of coverage with their employees will need to begin employee payroll deductions starting January 1, 2025.
Delaware PFML requires written notice of PFML rights to each employee:
At the time of hire, when an employee requests PFML, or when an employer knows an employee’s leave may be covered by PFML
Employers must conspicuously display a poster at their place of business in English, Spanish and any language that is the language spoken by at least 5% of the employer’s workforce
The notice should include general information about the employees’ PFML benefits, amount of benefits, the procedure for filing a claim, their right to job protection and benefits continuation, and other relevant details.
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