Seyfarth Synopsis: On May 10, 2022, Delaware Governor John Carney signed the Healthy Delaware Families Act (the "Act") into law. Paid leave under the Act becomes available to eligible employees for family caregiving leave, medical leave, and parental leave reasons beginning on January 1, 2026. Delaware is the eleventh state to enact a mandatory paid family or paid family and medical leave program.1
On April 14, 2022 the Delaware General Assembly voted on and approved the Healthy Delaware Families Act. The Act was approved by a 29 to 11 vote in the Delaware House of Representatives and a 14 to 7 vote in the Delaware Senate. On May 10, Governor Carney signed the Act into law officially creating a new paid family and medical leave program in Delaware.
The Act establishes a Family and Medical Leave Insurance Fund (the "Fund"), and takes effect July 1, 2022. Beginning January 1, 2025 employees, employers, and self-employed individuals must begin contributing to the Fund. Covered workers can begin receiving paid family and medical leave benefits for covered absences on January 1, 2026.
The Act grants the Delaware Department of Labor (the "Department") authority to adopt general paid family and medical leave regulations, and the Delaware Department of Insurance authority to adopt paid family and medical leave regulations with respect to private plans. The Act does not indicate any specific dates by when these regulations must be published.
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