Delaware Implementing Paid Leave: First Steps to Begin in 2025

Beginning on January 1, 2025, employers in four states will be required to implement their state’s new Paid Leave programs. This represents a fundamental shift in employee leave considerations for the future. We will look into each paid leave program in turn. This week, we will focus on Delaware’s Paid Family and Medical Leave Insurance Program.

 

What is the Delaware Paid Family and Medical Leave Insurance Program?

This program offers Paid Leave to certain employees who work in the state of Delaware. Employees will be eligible for up to 12 weeks of family and/or medical leave annually for the following purposes:

 

- Parental Leave: Care for a new child (up to 12 weeks annually);

- Family Caregiver Leave: Care for a family member with a serious health condition (up to 6 weeks, every 24 months);

- Address a personal health condition or injury (up to 6 weeks, every 24 months);

- Qualified Exigency Leave: Assist while loved ones are on overseas military deployment (up to 6 weeks, every 24 months).

 

Who is Eligible for Leave Under the Delaware Program?

Employees who have been employed for at least one year and have spent at least 1,250 hours with a single employer are eligible for leave under the Delaware Program.

 

Employers who employ 10 or more employees are required to provide some form of paid leave for their employees. The employer’s size depends on what type and how much coverage they must afford the employee:

 

- Between 10-24 employees: employers must offer leave to care for a new child (up to 12 weeks annually);

- 25+ employees: employers must offer the full range of coverage under this Program.

 

Seasonal employers (employers who annually shut down for at least 1 month) and federal employers are exempt from the requirements of this law.

 

Important Dates to Remember:

 

Payroll Deductions Begin 1/1/2025- Employers must begin collecting contributions from eligible employees if the employer is requiring employees to pay a portion of the total. Employees may be required to pay for up to half of the cost of the per-employee contribution.

 

Contributions to the Program by Employers are due 4/30/2025.

 

Claims for Benefits begin on 1/1/2026.

 

Private Plans

Delaware allows employers to submit their own Paid Leave plans for approval by the state. The application window for such plans is between 9/1/2024-12/1/2024. Employers wishing to submit their private plan to the state for approval must use Delaware LaborFirst.

 

Although the exact parameters for approval have not been released, comparable paid leaves in other parts of the country have strict criteria on what a private plan would need to include in order for it to be approved for use over the state plan. The criteria mainly requires parity between the state plan and private plan in most or all significant areas, including:

 

- Reasons for leave

- Amount of leave

- Use (continuous and intermittent rules)

- Accrual and carryover

 

Employers in Delaware should begin preparing their payroll department to deduct premiums from employee salaries in accordance with the state law.