Delaware has published an initial set of interpretive rules in anticipation of the state’s upcoming paid family and medical leave program. The rules provide guidance on determining employer and employee coverage, the duration and amount of benefits available, and employee notice obligations. The rules also provide a more-detailed overview of the process of applying for: (1) a private plan in lieu of the state program; or (2) an exemption from coverage based on a pre-existing comparable private paid time off benefit plan, such as a short-term disability plan.

Last year, Delaware enacted the Healthy Delaware Families Act (HDFA), adding Delaware to an expanding list of jurisdictions with a paid family and medical leave (PFML) requirement. The PFML program is not yet live, and the obligation to provide paid benefits under the program does not begin until January 1, 2026, with employer and employee contributions beginning January 1, 2025.

On July 11, 2023, the Delaware Department of Labor’s Division of Paid Leave (Division) published an initial set of rules regarding the program. This article emphasizes key portions of the rules for Delaware employers as they prepare to implement this new PFML program.

Covered Employers and Employees

The HDFA applies to employers with 10 or more employees in Delaware. Employers with 10 to 24 employees in Delaware, however, must comply with the law’s Parental Leave requirements only; employers with 25 or more employees in Delaware are...

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