As you know, Delaware Paid Leave goes into full effect on January 1, 2026. The state legislature has recently made several changes to the program, as follows:
- An employer may not require a covered employee to use unused accrued paid time off prior to using family and medical leave benefits under the program. An employer and employee may agree to use the employee’s employer-provided accrued paid time off to supplement any paid family and medical leave benefits.
- The Delaware Paid Leave program is the primary payor. Other available income replacement benefits must be coordinated with the paid family and medical leave benefit according to the terms of the policy or procedure governing other available benefits.
- For employers who satisfy requirements of the program using a private plan, the state must accept applications for approval of an employer’s use of a private plan on a rolling basis, with effective dates of January 1, April 1, July 1, or October 1.
- Generally speaking, employers with 25 or more employees are required to provide full coverage under the program, while employers with 10 to 24 employees must only provide parental leave, and employers with nine or fewer employees are exempt. However, if an employer with fewer than 25 employees elects to voluntarily provide more coverage than is required, they will be treated as a fully covered employer (i.e., all provisions and requirements of the program will apply to them).
- New child support obligations are detailed.
You can access the enacted bill here.