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Family and Medical Leave Regulations Amended

On March 11, 2024, the following amendments to the Delaware Family and Medical Leave Act’s regulations will take effect:

  • Employees can’t be required to use more than 75% of their earned, unused paid time off (PTO) before accessing their Paid Family and Medical Leave (PFML) benefits.
  • Employees must be provided notice about their employer’s PTO/PFML coordination policy.
  • Employees may use PTO to supplement their wages (up to 100% of their average weekly wage) in an agreement with their employer.
  • Employers must provide a written PMFL notice, 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 delivered by email.

HR Services Team
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