Almost all employees working in Delaware are eligible for this coverage, with exceptions for those employed by certain small employers. The law allows employers to provide benefits through a private plan.
Key Dates
- September 1, 2024 to December 1, 2024: Opt-In/Opt-Out opens. Employers who wish to use a private plan can opt-out and small groups can opt-in to the Delaware Paid Leave program.
- January 1, 2025: Contributions for Delaware Paid Leave begin.
- January 1, 2026: Employees can begin to submit claim applications for payment.
Tools and Resources
The Hartford has prepared guides to help employers with employees in DE.
The state of Delaware offers resources to help employers.
Preguntas Frecuentes
What’s Covered Under the State Program?
- For Employers with 10 to 24 employees during the previous 12 months, coverage includes:
- Bonding with a new child (through birth, adoption or placement)
- For Employers with 25 or more employees during the previous 12 months, coverage includes:
- Bonding with a new child (through birth, adoption or placement)
- Care of a family member with a serious health condition
- One’s own serious health condition
- A qualifying military exigency
What Are the State Plan Benefits?
- Up to 12 weeks of parental leave per application year.*
- The weekly benefit would be 80% of the covered individual's average weekly wages (subject to a potential reduction beginning 2027).
- The weekly maximum benefit beginning January 1, 2026 is $900.
* Six weeks in any 24-month period for other leaves (one’s own serious health condition, care of family member or qualifying military exigency). Under the Act, a covered individual is only eligible for non-parental leave benefits once in a 24-month period.
How Is the State Program Funded?
For 2025 and 2026, the rates are as follows:
- A total of .8% (comprised of .4% medical, .08% family caregiving and .32% parental leave) to be split evenly by the employee and employer.
- For the following years, if the rate would exceed 1%, the Department of Labor would reduce the wage replacement rate to the extent needed to keep the contribution rate less than 1%.
What Are the State Plan Eligibility Requirements?
A covered employee is someone who has worked at least 12 months and 1,250 hours for their employer in the prior 12 months.
Do All Employers Need To Participate?
- Employers with 10 to 24 employees during the previous 12 months are only subject to the parental leave provisions.*
- Employers with 25 or more employees during the previous 12 months are subject to all parental, family caregiving and medical leave provisions with the following limited exceptions:
- The federal government
- Any business that is closed in its entirety for 30 consecutive days or more per year
* Small businesses with less than 10 employees may choose to opt into the program.
Is There a Private Plan Option?
Yes. The law gives the Department of Insurance regulatory authority over private plans with respect to administration and enforcement. Private plans must have the same, or better, benefits as the state program and cannot cost employees more than the state program.
Is The Hartford Offering Fully Insured Coverage in DE?
We will offer fully insured coverage and administrative services on self-insured private plans effective January 1, 2026, and later.
An employer will be able to apply to the state for approval. Once details are announced, we can review any self-insured plan to help determine if it meets state approval and provide feedback prior to your submission to the state.
Please reach out to your employee benefits representative at The Hartford for additional information.
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This informational material is subject to change as The Hartford continues to receive guidance from states and municipalities. It shall not be considered legal advice. The Hartford assumes no responsibility for legal compliance with respect to an employer’s business practices, and the views and recommendations contained herein shall not constitute The Hartford’s undertaking on a company’s behalf, or for the benefit of others, to determine or warrant that an employer’s business operations are in compliance with any law, rule, or regulation. Employers seeking resolution of specific legal or business issues, questions, or concerns regarding this topic should consult their own attorney or business advisors; and employees should continue to consult their employers’ Human Resources or other employment benefits department for guidance on the application of any law, rule, or regulation.
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