Paid Family and Medical Leave: Delaware

This Paid Family and Medical Leave policy applies to employees in Delaware under the Healthy Delaware Families Act (HDFA) in 19 Del. C. Ch. 37, Delaware's statewide paid leave program that started with payroll funding in 2025 and provides paid, job-protected leave beginning in 2026 for bonding with a new child, certain serious health conditions (for you or a family member), and qualifying military family needs. It also helps your organization set clear expectations on eligibility, payroll deductions, how employees apply through the Delaware Department of Labor, and how HDFA coordinates with other leave and benefit programs like the federal FMLA.

The History Behind Paid Family and Medical Leave Policies in Delaware

Delaware employers have long relied on unpaid, job-protected leave under the federal FMLA and a mix of PTO, short-term disability, and ad hoc paid leave programs to cover births, serious health conditions, and caregiving. That approach left a gap for workers who could not afford unpaid time off, which is why paid leave became a recurring theme in the broader Family & Self Care Leaves conversation. Other states moved first with statewide paid family and medical leave programs, and multi-state employers started standardizing paid leave policies to reduce employee relations issues and administrative whiplash across locations.

Delaware joined that wave in 2022 when it enacted the Healthy Delaware Families Act (HDFA), which set up a state-run paid leave insurance model with payroll premiums, employer coverage obligations, and a claims process administered by the Delaware Dept. of Labor. The timeline was intentionally phased, with premium collection beginning in 2025 and benefits becoming available in 2026, which gave employers time to build the required payroll, notice, and leave-administration mechanics.

HDFA exists in a legal environment where employers already have to coordinate multiple leave and anti-retaliation rules, including the FMLA and Delaware's own employment protections. These complexities pushed employers toward clearer, written policies that explain how state paid leave interacts with existing leave programs, benefits continuation, and job restoration concepts.

Which Law is the Paid Family and Medical Leave Policy Meant to Comply With?

If you create and distribute a Paid Family and Medical Leave Policy for your Delaware-based employees, it is in an effort to comply with Delaware's Healthy Delaware Families Act (19 Del. C., Chapter 37).

How to Write a Delaware-Specific Paid Family and Medical Leave Policy

• Start with "why" and introduce the concept by explaining that Delaware provides paid family and medical leave for major life events.
• Define who is eligible to use Delaware paid leave.
• List the qualifying leave reasons your policy will cover (parental, medical, and military-related needs).
• Explain how the program is funded through payroll deductions and what portion, if any, employees pay.
• Summarize the available leave amounts and overall caps.
• Describe how benefit payments are calculated and any maximums or minimums.
• State the scheduling options for taking leave (continuous, intermittent, or reduced schedule).
• Explain that employees apply for benefits directly with the Delaware Department of Labor and may appeal decisions.
• Describe job protection and reinstatement expectations after approved leave.
• Explain how health coverage continues during leave and that employees keep paying their usual share.
• State that employees are protected from interference, penalties, discrimination, and retaliation for using paid leave.
• Explain how Delaware paid leave coordinates with federal FMLA leave.
• Clarify that employees can choose whether to use PTO to supplement benefit payments and that additional seniority and benefits do not accrue during leave.

When to Include this Policy in Your Employee Handbook

If you have employees in Delaware and you don't have a similar policy that's available for all US employees, you should include this policy in your employee handbook for Delaware-based employees. 

19 Del. C. § 3710 states: 

(a) An employer shall provide written notice to each employee that includes all of the following:

1. The employee's right to family and medical leave benefits under this chapter and the terms under which it may be used.
2. The amount of family and medical leave benefits.
3. The procedure for filing a claim for family and medical leave benefits.
4. The right to job protection and benefits continuation under § 3707 of this title.
5. That discrimination and retaliatory personnel actions against the employee for requesting, applying for, or using family and medical leave benefits is prohibited under § 3708 of this title.
6. That the employee has a right to file a complaint for violations of this chapter.
7. Whether family and medical leave benefits are available to the employee through the State or an approved private plan under § 3716 of this title.
    

(b) An employer shall provide the notice required under subsection (a) of this section as follows:

1. On hiring of the employee.
2. When the employee requests covered leave or when the employer acquires knowledge that an employee's leave may be for a qualifying event under § 3702(a) of this title.
    

(c) An employer shall display and maintain a poster in a conspicuous place accessible to employees at the employer's place of business that contains the information required under subsection (a) of this section in English, Spanish, and any language that is the first language spoken by at least 5% of the employer's workforce, if the poster has been provided by the Department.

 

(d) The Department may adopt regulations to establish additional requirements concerning the means by which employers shall provide notice of this chapter.

 

(e) An employee shall provide notice of the employee's intention to take covered leave to the employee's employer 30 days in advance, if known, or as soon as practicable. 

Your employee handbook is a great place to provide notice/information alongside the official state poster. 

Other Considerations

The law applies to Delaware employers who have at least 10 employees working in Delaware.

Exceptions

None