On May 10, 2022, Governor John Carney signed into law the Healthy Delaware Families Act, adding Delaware to an expanding list of jurisdictions with a paid family and/or medical leave (PFML) requirement.¹ The law creates a statewide paid family and medical leave insurance program funded through employer and employee contributions. PFML contributions will begin to be required in 2025, and covered employees will be able to access benefits in 2026. The Delaware Department of Labor plans to issue regulations implementing the law. In the interim, the following briefly highlights who and what the law covers.

Covered Uses & Amount of Leave: PFML will cover the following types of leave, although the types of leave available to employees can vary depending on how many employees their employer has.

• Parental Leave: Birth, adoption, placement through foster care, or care for a child during the first year after the child’s birth, adoption, or placement
• Family Caregiver Leave
  
  • Care for a family member with a serious health condition (will look to the definitions in the federal Family and Medical Leave Act (FMLA))
  • Qualifying military exigency (as defined in the FMLA)
• Medical Leave: Serious health condition that makes employee unable to perform the functions of their position (as defined in the FMLA)

Employees are eligible for up to 12 weeks of paid parental leave, 6 weeks of paid family caregiver leave, or 6 weeks of paid medical leave in an application year. Employees are...

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