Delaware Paid Leave & Job Protection

Delaware Paid Leave is family-and-medical-leave insurance. Contributions began January 1, 2025 and workers began filing claims January 1, 2026. It provides partial wage replacement for parental leave, your own serious health condition, family caregiving and military-family needs. [DE-L1, DE-L2]

It can replace part of your income while you bond with your baby, and it may apply to a serious health condition related to pregnancy or childbirth. State law also includes job restoration and continued health-benefit protections. [DE-L1, DE-L4]

You generally must work primarily in Delaware (60% or more of your working time), have been with your employer at least 12 months, and have worked 1,250 hours in the prior 12 months. Most employers with 10 or more employees are required to participate: employers with 10–24 employees provide parental coverage, and employers with 25 or more provide full parental, medical and caregiver coverage. Employers with fewer than 10 may opt in. [DE-L1, DE-L2, DE-L4]

Parental leave is up to 12 weeks in an application year during the first year after birth, adoption or foster placement. Medical, family-caregiver and qualifying-exigency leave generally aggregate to six weeks in 24 months. The total combined maximum is 12 weeks in an application year. [DE-L1, DE-L4]

Parental leave must be taken within the child's first year, with a yearly maximum of 12 weeks. Medical, caregiver and exigency leave carry the six-weeks-in-24-months limitation.

The program pays 80% of your average weekly wage up to a $900 maximum in 2026 and 2027, with a statutory minimum generally of $100 unless your average weekly wage is below $100. Employers may require workers to pay up to 50% of the premium through payroll. [DE-L1, DE-L3, DE-L4]

Sign in at my.delaware.gov and use the LaborFirst Claimant Portal to file, including employer and leave information, dates and required documentation. For help, email PFMLClaims@delaware.gov or call 302-761-8375. [DE-L2]

Identifying and employment information, leave dates and reason, and required medical or family documentation. A serious health condition requires medical certification, and bonding leave may require proof of the new child or placement.

Employer size changes what benefits are available: employers with 10–24 employees generally provide parental leave only, and employers with 9 or fewer are exempt unless they opt in. The federal government and certain seasonal businesses are outside the mandatory program. If both parents work for the same employer, state law permits certain combined leave limits. [DE-L1, DE-L4]

When Delaware Paid Leave and federal FMLA cover the same absence, they run concurrently. Your employer cannot require you to exhaust PTO first, though you and your employer may agree to use PTO to supplement up to 100% wage replacement. [DE-L4]

This is an employment-based benefit, so use the LaborFirst portal together with your employer or HR.

The Department of Labor provides resources and claimant assistance. Keep three things distinct: eligibility for cash benefits, whether your employer participates, and job protection.

Ask about PTO and sick leave, employer parental leave, short-term disability, and federal FMLA and PWFA protections.