Delaware | Rules Defining and Regulating Delaware Paid Leave Adopted
Delaware published an initial set of interpretive rules in anticipation of the state’s upcoming Paid Leave insurance program, created under the Healthy Delaware Families Act (HDFA). The HDFA program has not yet begun; employer and employee contributions begin on January 1, 2025, and employees may begin using leave benefits on January 1, 2026.
The HDFA applies to employers with at least 10 employees in Delaware. Depending on the number of employees, an employer must comply with certain requirements. The rules classify leave benefits into four different “lines of coverage”:
- Parental leave: Leave taken within the first year after the birth, adoption, or placement through foster care of a child;
- Family caregiving leave: Leave to care for an employee’s child, spouse, or parent with a serious health condition;
- Medical leave: Leave for an employee’s serious health condition; and
- Qualified exigency leave: Leave for qualified issues that arise in connection with a military deployment.
Employers must provide a written PMFL notice, Notice of Employee Rights, which has been provided by the state, to existing Delaware employees at least 30 days before the start of contributions on January 1, 2025. This notice must also be provided to employees upon hire, when they submit a leave request, or when the employer “acquires knowledge” that an employee’s leave may qualify for PFML. All notices can be provided electronically.
Resourcing Edge will be communicating additional information as 2025 draws nearer.
