Paid Family Medical Leave
Beginning January 1, 2026, the Healthy Delaware Families Act (HDFA) requires employers with 10 or more employees to provide paid family and medical leave (PFML) benefits. PFML benefits are available for eligible employees taking:
- Parental leave, to care for a child during the first year after the child's birth, adoption or placement for foster care.
- Family caregiving leave, to care for a family member with a serious health condition or for a qualifying exigency.
- Medical leave, for the employee's own serious health condition that renders them unable to perform job functions.
Employees may take up to a total of 12 weeks of PFML benefits in an application year. Although an employee may take up to 12 weeks of parental leave in an application year, they may only take up to six weeks total of medical leave and family caregiving leave in any 24-month period.
Additionally:
- 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 audit.
- The Paid Family Medical Leave Insurance Program is the primary payor of benefits.
- Disability insurance benefits can be offset by family and medical leave benefits paid to an employee pursuant to the terms of a disability insurance policy.
Covered employers and employees had to make contributions to fund PFML benefits beginning January 1, 2025.
Check out the Delaware PFML website below for additional information and resources:
https://labor.delaware.gov/delaware-paid-leave/employers/