Getting paid to care for a sick loved one is now a reality for Delaware workers

A new benefit kicks in for Delaware workers

Delaware workers can now get paid while they take time off for major life events.

The state’s Paid Family and Medical Leave program started paying benefits on Jan. 1, 2026, under a law called the Healthy Delaware Families Act.

Eligible employees at businesses with 10 or more workers can file claims through the state’s online system, Delaware LaborFirst.

The program covers things like bonding with a new baby, recovering from a serious illness, or caring for a sick family member.

Lawmakers built this over several years

This didn’t happen overnight. Gov. John Carney signed the Healthy Delaware Families Act on May 10, 2022, making Delaware the 11th state to pass this kind of law.

Employers and employees started paying into the program through payroll on Jan. 1, 2025. That first year of contributions built up a trust fund to cover future claims.

The state also kicked in about $18 million in one-time startup money to get the fund off the ground.

Four types of leave are covered

The program covers four situations. Workers can take up to 12 weeks of parental leave per year to bond with a new child after birth, adoption, or foster placement.

They can also take up to six weeks every 24 months for their own serious health condition, or to care for a parent, child, or spouse who is seriously ill.

Military families get up to six weeks every 24 months for qualifying events tied to a loved one’s deployment. Total leave caps at 12 weeks per year.

Pay replaces most of a worker’s check

Eligible workers receive up to 80% of their average weekly wages, with a cap of about $900 per week, through 2027. After that, the state will adjust the cap each year.

There’s also a floor: nobody gets less than $100 per week. Workers who normally earn under $100 a week get their full wages.

So the program is designed to cover most of a paycheck, not all of it, but enough to make taking leave realistic for most families.

Not every worker qualifies right away

To qualify, workers need to have spent at least 12 months with the same employer and logged at least 1,250 hours in the past year, which works out to roughly 25 hours a week.

They also need to earn at least 60% of their wages in Delaware. One nice feature: there’s no waiting period.

Benefits start on the first day of approved leave.

Workers can take their leave all at once or break it into separate stretches, but each absence must last at least one full workday.

Smaller businesses follow different rules

Not every business has the same responsibilities. Employers with 25 or more workers in Delaware must offer the full program, covering parental, medical, family caregiving, and military leave.

Businesses with 10 to 24 employees only need to provide parental leave. Companies with fewer than 10 workers don’t have to participate, though they can choose to opt in.

Federal employers and seasonal businesses that shut down for 30 or more straight days a year are also exempt.

Employers and workers split the cost

The program runs on payroll contributions totaling 0.8% of an employee’s wages.

That breaks down to 0.4% for medical leave, 0.32% for parental leave, and 0.08% for family caregiving leave.

Employers can ask workers to cover up to half of the total through payroll deductions, or they can choose to pay the whole thing themselves.

Contributions stop once wages hit the Social Security taxable wage limit, so higher earners won’t pay on every dollar.

A 2025 amendment changed a key rule

Gov. Matt Meyer signed an amendment in July 2025 that changed how the program works with existing time off.

The big update: employers can no longer force workers to burn through vacation or sick days before using paid leave benefits.

Workers and employers can still agree to use PTO to top off their paid leave, but it has to be voluntary.

The amendment also made Delaware Paid Leave the first source of payment when a worker qualifies for other benefits, like short-term disability.

Delaware handles claims differently than most states

Most states with paid leave run the claims process themselves. Delaware does it differently.

Employers decide whether their workers are eligible and manage the claims on their end. The state then reimburses employers for approved benefits.

Some businesses have opted to use approved private insurance plans instead, which cuts down on the paperwork. If an employer denies a claim, the worker can appeal to the Delaware Division of Paid Leave within 60 days.

Workers get job protection and other safeguards

The law protects more than just paychecks. Employers must hold a worker’s position, or an equal one, while they’re on leave.

They also can’t punish anyone for asking about or taking paid leave, and covered absences can’t count against workers under attendance policies.

Benefits are shielded from creditors too, with the only exception being court-ordered child support.

Employers must post notices about these rights in English, Spanish, and any language spoken by at least 5% of their workforce.

More states are launching similar programs

Delaware is part of a growing wave. As of January 2026, 13 states plus Washington, D.C., have passed paid family and medical leave laws. Minnesota launched its program on the same day as Delaware.

Maine starts paying benefits in May 2026, and Maryland plans to begin collecting contributions in 2027 with benefits following in 2028.

There is still no federal paid family and medical leave law, though the federal Family and Medical Leave Act (FMLA) gives unpaid, job-protected leave at larger employers.

How to file a claim in Delaware

Workers file claims through the Delaware LaborFirst portal.

When possible, employees should give their employer 30 days’ notice before taking foreseeable leave. Once a claim gets approved, benefits go out every two weeks.

Workers with questions can call the Division of Paid Leave at 302-761-8375.

The state is also giving employers a break on timing: late penalties on 2025 contribution payments won’t apply as long as businesses submit them by March 31, 2026.

This article was created with AI assistance and human editing.

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