Delaware
Delaware Paid Family & Medical Leave (DE PFML)
Delaware Paid Family & Medical Leave (DE PFML)
On May 10, 2022, Delaware’s Governor, John Carney signed the Healthy Delaware Families Act, which creates the statewide Delaware Paid Family and medical Leave insurance program (DE PFML). This program will offer job protection and wage replacement benefits. Starting January 1, 2026, eligible DE workers will have access to paid medical leave (PML) if they are unable to work due to injury or illness, including pregnancy and childbirth, paid parental leave (PPL) to bond with a new child or for paid family leave (PFL) to address a military exigence and to care for a family member with a serious health condition.
The state will be developing their own program and adopt regulations to support the law. Like the other states under development, MetLife will be actively engaged throughout this process to ensure our customers’ needs are considered during this
development process.
Coverage Options: Employers will be able to participate in the state-run program or they can self-insure or fully insure a private plan. Employers may offer DE PFML benefits to certain employees outside of Delaware.
Mandated coverage is determined by employer size:
In the previous 12 months,
- Employers with 10 – 24 employees in state: PPL only
- Employers with 25+ employees: PFL, PML, and PPL benefits
- Small businesses can opt in and must participate for 3 years. Employee notice rules apply
Job Protection: Yes, similar to FMLA.
Benefits:
- Care for a new child (up to 12 weeks per year),
- Care for a family member with a serious health condition (up to 6 weeks, every 24 months),
- Address a personal serious health condition or injury (up to 6 weeks, every 24 months), or
- Assist while loved ones are on overseas military deployment (up to 6 weeks, every 24 months)
- Limitations may apply if two parents work for the same employer
Contributions:
Beginning January 1, 2025, contributions total 0.8%
- Medical leave benefits: 0.4% of wages for 2025 and 2026
- Family caregiving benefits: 0.08% of wages for 2025 and 2026
- Parental leave benefits: 0.32% of wages for 2025 and 2026
An employer can deduct up to 50% of the required contributions from the employee’s wages
Key Dates:
- September 23, 2024 to December 1, 2024 – Opt-In/Opt-Out opens for employers who wish to use a private plan to opt-out and for small groups to opt-in to Delaware Paid Leave.
- January 1, 2025 – Payroll deductions for Employers who require their employees to share in the cost of the plan begins.
- April 30, 2025 – First Due Date for PFML contributions.
- January 1, 2026: Benefits start
As of September 18, 2024