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Previous Updates
WARN Regulations
Delaware released regulations that included notice content requirements. Additional requirements that differ from federal WARN requirements include:
- The WARN notice must include the names, job titles, and contact information of each affected employee (as well as the other required information) for all affected employees and employee representatives.
- The notice must also include a paragraph concerning unemployment insurance, job training, and reemployment services for which affected employees may be eligible. Similar to the paragraph in the New York WARN notice.
- The notices to employees and employee representatives suggest that language include the estimated duration of a temporary action.
Service of the notice requirements include:
- Notices must be on official employer letterhead and signed by an employer representative with authority to bind the company.
- Notices to the Delaware Department of Labor require either an original or digital signature and a statement by the signature attesting to the truthfulness of the information provided in the notice.
- Notices to the Delaware Department of Labor and the Delaware Workforce Development Board should be “mailed.” The regulations clarify that when an employer uses first-class or certified mail to serve a notice, the notice must be postmarked (not received) at least 60 days before the employment loss.
In addition, notice responsibility shifts to the seller or buyer, whichever is causing the mass layoff, closing, or relocation. Previously, the responsibility was solely on the purchaser.
Delaware Paid Leave
As shared in previous FrankCrum News Alerts, the Healthy Delaware Families Act created the Delaware Paid Leave insurance program that requires employers in the state to provide their employees with Paid Family Medical Leave (PFML).
Participating in Delaware Paid Leave is mandatory for most businesses with 10 or more employees working in Delaware.
The Act requires employers to provide notices to their employees whenever any of the following issues might arise: Gain or Lose a Line of Coverage; Employer/Employee Contribution Split; Notice of Employee Rights; Notice of Coordination of Benefits.
This notice should also be given to new employees when they are first hired, when an employee requests a leave, or when the employer believes that the employee might qualify for PFML leave due to an event in their life which might trigger one of the four types of coverage. Delaware Paid Leave goes into full effect in 2026.
Participating in Delaware Paid Leave is mandatory for most businesses with 10 or more employees working in Delaware.
The Act requires employers to provide notices to their employees whenever any of the following issues might arise: Gain or Lose a Line of Coverage; Employer/Employee Contribution Split; Notice of Employee Rights; Notice of Coordination of Benefits.
This notice should also be given to new employees when they are first hired, when an employee requests a leave, or when the employer believes that the employee might qualify for PFML leave due to an event in their life which might trigger one of the four types of coverage. Delaware Paid Leave goes into full effect in 2026.
All of these notices will be found on the Division’s webpage for employers to download. You can find notices here. You are allowed to send these notices by electronic means, such as email, and they can be delivered to either the employee’s work or personal email address.
The Division of Paid Leave is available to employers and employees. If you have any questions, at any time, you can email PFML@Delaware.gov or visit the Delaware Paid Leave website at de.gov/paidleave.
Delaware Paid Leave
As noted in a previous FrankCrum News Alert, the Healthy Delaware Families Act created the Delaware Paid Leave insurance program that requires employers in the state to provide their employees with Paid Family Medical Leave.
Participating in Delaware Paid Leave is mandatory for most businesses with 10 or more employees working in Delaware.
Employers with 10 or more employees may purchase an admitted carrier’s approved insurance policy that provides the same or better benefits as the state plan, and employers with 100 or more employees also have the option to self-insure.
The employer is responsible for all contributions to finance the program. The contributions are based on an employee’s earnings (established by FICA rules). The rates are guaranteed through 2026 at 0.80% of wages, and there are component rates for each line of coverage. Employers can require their employees to pay up to 50% of the cost of the program through payroll deductions (starting January 1, 2025).
See the below breakdown of the total rate.
- Parental Leave - 0.32%
- Medical Leave - 0.40%
- Family Caregiver / Qualified Exigency Leave - 0.08%
- Total Rate - 0.80%
You can use the Benefits Contribution Calculator Tool to estimate weekly contributions and benefits for each employee based on annual wages, the types of leave selected, and how much the employer requires the employee to contribute. You can access the tool (halfway down the page) here.
Tell your Payroll Coordinator by December 16 if you wish for your employees to contribute. FrankCrum will withhold the employee contributions and will return the funds to you to remit each quarter for required reporting.
Employees will be able to submit claim applications for the program beginning January 1, 2026. Click here for an overview of the program.
Next Steps
- Set up an account by December 1, using Delaware LaborFirst, the system to manage Delaware Paid Leave.
Click here for an FAQ.
Click here for the link to the Delaware LaborFirst portal. - Notify your Payroll Coordinator if you will be requesting employee contributions (by December 16) and notify your employees if you will be asking them to contribute.
- Reach out to your Payroll Coordinator in April 2025 for your hour and wage report for your first quarterly filing.
The Division of Paid Leave is available to employers and employees. If you have any questions, at any time, you can email PFML@Delaware.gov or visit the Delaware Paid Leave website at de.gov/paidleave. The Division of Paid Leave is available 24/7/365. Call (302) 761-8375.
Subminimum Wage
Effective December 29, 2021, Delaware’s subminimum wages for trainees and youths are repealed.
