Contributions to Delaware’s Paid Family and Medical Leave program have kicked in, and employees will soon begin making claims for paid leave. A growing number of states have enacted paid family and medical leave laws in recent years.
Quick Hits
- Lawmakers recently passed a law to substantially revise Delaware’s paid family and medical leave program.
- Employers began contributing to the paid leave program on January 1, 2025.
- Employees can start receiving benefits on January 1, 2026.
Under the Healthy Delaware Families Act, which was enacted in 2022, employees can take up to twelve weeks of paid leave per year to care for a new child, or six weeks of paid leave per year to address their own serious health condition, care for a family member with a serious health condition, or address the impact of a family member’s overseas military deployment. Employers with ten or more employees must register for the state program and submit payroll taxes to fund it, or create a private benefit plan by partnering with an approved insurance carrier or third-party administrator.
On July 30, 2025, Governor Matt Meyer signed House Bill 128, which amended the paid leave program in the following ways:
- Employers cannot require employees to use their accrued paid time off before receiving the state benefits.
- An employer that meets its obligations through a private plan is not required to provide claim documentation to the Delaware Department of Labor, unless there is an appeal, inquiry, or...
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