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Family and Medical Leave Insurance Program (FMLI)
Paid Family and Medical Leave (PFML)

Delaware

Delaware Paid Leave

Effective: 01/01/26
Last updated: 01/16/24

State website: labor.delaware.gov/

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Delaware Paid Family Medical Leave (DE PFML) Plan Details

Summary:
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State or private plan: (insured or self-insured).
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Mandatory coverage: For all employers in Delaware with 10+ employees, Parental leave is required. For all employers in Delaware with 25 or more employees, all leave types are required. The federal government and businesses closed completely for 30 consecutive days are exempt from participating in the program.
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Waiting period: 0 days.
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Benefit duration: 12 weeks Delaware Paid Parental Leave in any 12-month period; 6 weeks of Paid Family Caregiving and Paid Medical Leaves in a 24 month period. Total combined maximum duration: 12 weeks in any 12 month period.
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Maximum benefit: $900 per week.
 
Coverage details
  • State or private plan.
  • Private plans may be insured or self-insured and must at least equal the provisions of the state plan.
  • An exemption from the state plan must be filed and approved before the private plan may go into effect.

Symetra is still in the process of determining whether we will administer DE PFML. Contributions begin 1/1/25; benefits begin 1/1/26.
Covered employers

All employers with 10+ employees are required to participate in the program.

  • Employers with 10-24 employees must provide Parental Leave.
  • Employers with 25 or more employees must provide Medical, Parental, and Caregiver Leave.

The federal government and any business completely shut down for 30 consecutive days or more are exempt.

The following employers are permitted to opt into leave programs:

  • Employers with 10-24 employees may provide Medical and Caregiver Leave.
  • Employers with 9 employees or fewer may provider Parental Leave.
Covered individuals

Generally, DE PFML coverage is available to all Delaware workers who work in Delaware for a covered employer who have obtained:

  • 12 months of service; and
  • 1,250 hours worked in 12 months prior to leave.
Contribution amount

Throughout 2025-2026, employees will contribute:

  • 0.4% of their wages for Medical Leave.
  • 0.08% of their wages for Family Caregiving Leave.
  • And 0.32% of employee’s wages for Parental Leave.

Employer can require employee to contribute up to 50% of total contribution.

Beginning in 2027, the rate is yet to be determined. There is statutory authority to permit the department to reduce benefits from 80% of Average Weekly Wage to the lowest percentage of Average Weekly Wage, so the resulting contribution rate stays under 1%, should the rate reach a percentage greater than 1%.
Waiting period

There is no waiting period specified in the statute. At this time, benefits will be payable on the first day of leave unless the regulations (that are still being written) state otherwise.
Benefit calculation

80% of employee’s Average Weekly Wage during the 12 months preceding leave application.
Maximum weekly benefit amount

$900 per week in 2026 and 2027.

Beginning in 2028, this amount is subject to annual adjustment.
Minimum weekly benefit
amount
  • $100 per week; or
  • Employee’s actual Average Weekly Wage if lower than $100.
Other income amount offsets

DE PFML benefits when combined with accrued paid time off or other benefits, may not exceed 100% of the covered individual’s weekly wage (TBD if this means it is an offset).
Maximum duration: Medical leave and family caregiving leave (including military exigency)

6 weeks in a 24-month period.
Maximum duration: Parental leave

12 weeks in a 12-month period.
Maximum duration: Combined medical and family caregiving leave, including parental leave

12 weeks in a 12 month-period.

Frequently Asked Questions

 

 

State Resources

Delaware Department of Labor Contact Info

Statute Healthy Delaware Families Act

Department of Labor Regulations

DE PFML Overview FAQ (PDF)

Delaware Parental Leave Duration FAQ (PDF)

Delaware Grandfathering FAQ (PDF)

Delaware Grandfathering Appeals FAQ (PDF)

 

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Symetra Life Insurance Company, 777 108th Avenue NE, Suite 1200, Bellevue, WA 98004.

First Symetra National Life Insurance Company of New York, New York, NY. Mailing address: P.O. Box 34690, Seattle, WA 98124.

Symetra Life Insurance Company is a direct subsidiary of Symetra Financial Corporation. First Symetra National Life Insurance Company of New York is a direct subsidiary of Symetra Life Insurance Company and is an indirect subsidiary of Symetra Financial Corporation (collectively, “Symetra”). Neither Symetra Financial Corporation nor Symetra Life Insurance Company solicits business in the state of New York and they are not authorized to do so. Each company is responsible for its own financial obligations.

Symetra® is a registered service mark of Symetra Life Insurance Company.

Symetra assumes no responsibility for the accuracy or timeliness of any information provided herein. The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. We recommend employers speak with legal counsel specializing in labor and employment law to ensure compliance with applicable PFML and PFL mandates.

The information on this page was updated as of October 2024.