Family and Medical Leave Insurance Program (FMLI)
Paid Family and Medical Leave (PFML)
Delaware
Delaware Paid Leave
Effective: 01/01/26
Last updated: 01/16/24
State website: labor.delaware.gov/
Delaware Paid Family Medical Leave (DE PFML) Plan Details
Summary:
 |
State or private plan: (insured or self-insured). |
|
Mandatory coverage: For all employers in Delaware with 10+ employees, Parental leave is required. For all employers in Delaware with 25 or more employees, all leave types are required. The federal government and businesses closed completely for 30 consecutive days are exempt from participating in the program. |
|
Waiting period: 0 days. |
|
Benefit duration: 12 weeks Delaware Paid Parental Leave in any 12-month period; 6 weeks of Paid Family Caregiving and Paid Medical Leaves in a 24 month period. Total combined maximum duration: 12 weeks in any 12 month period. |
|
Maximum benefit: $900 per week. |
| Coverage details |
Symetra is still in the process of determining whether we will administer DE PFML. Contributions begin 1/1/25; benefits begin 1/1/26. |
| Covered employers |
All employers with 10+ employees are required to participate in the program.
The federal government and any business completely shut down for 30 consecutive days or more are exempt. The following employers are permitted to opt into leave programs:
|
| Covered individuals |
Generally, DE PFML coverage is available to all Delaware workers who work in Delaware for a covered employer who have obtained:
|
| Contribution amount |
Throughout 2025-2026, employees will contribute:
Employer can require employee to contribute up to 50% of total contribution. Beginning in 2027, the rate is yet to be determined. There is statutory authority to permit the department to reduce benefits from 80% of Average Weekly Wage to the lowest percentage of Average Weekly Wage, so the resulting contribution rate stays under 1%, should the rate reach a percentage greater than 1%. |
| Waiting period |
There is no waiting period specified in the statute. At this time, benefits will be payable on the first day of leave unless the regulations (that are still being written) state otherwise. |
| Benefit calculation |
80% of employee’s Average Weekly Wage during the 12 months preceding leave application. |
| Maximum weekly benefit amount |
$900 per week in 2026 and 2027. Beginning in 2028, this amount is subject to annual adjustment. |
| Minimum weekly benefit amount |
|
| Other income amount offsets |
DE PFML benefits when combined with accrued paid time off or other benefits, may not exceed 100% of the covered individual’s weekly wage (TBD if this means it is an offset). |
| Maximum duration: Medical leave and family caregiving leave (including military exigency) |
6 weeks in a 24-month period. |
| Maximum duration: Parental leave |
12 weeks in a 12-month period. |
| Maximum duration: Combined medical and family caregiving leave, including parental leave |
12 weeks in a 12 month-period. |
Frequently Asked Questions
What are the qualifying leave reasons?
The qualifying reasons for DE PFML include all of the following reasons:
Parental Leave:
- Birth, adoption, or foster placement
Medical Leave:
- For an employee’s own serious health condition
Family Caregiving Leave:
- Care of a family member with a serious health condition
- Qualifying military exigency
How do we determine the benefit year?
Application year: 12-month period defined in FMLA
Can leave be taken on an intermittent leave basis?
Yes. Leave is allowed on an intermittent or reduced leave schedule. The increment size is not currently specified.
- Benefits not payable for less than one workday of leave in one week
What are the reporting requirements?
Employer must report approvals to Department within three days in a manner to be determined.
Is DE PFML leave job protected?
- Job protection and continuation of health benefits (the employee continues to pay their share of the health care benefits) are required during paid leave.
- An individual is entitled to reinstatement to the same or equivalent position.
- Non-retaliation provision applies.
How does accrued paid leave apply to use of DE PFML?
- Employers determine if employees must use accrued paid time off (sick and vacation time), before using DE PFML benefits.
- If employees are required to use paid time off, the accrued paid time does not count toward the total length of DE PFML leave and benefits.
- If use of accrued paid is not required, all accrued paid time off counts towards the total length of DE PFML leave and benefits provided.
- DE PFML benefits, when combined with accrued paid time off or other benefits, may not exceed 100% of the covered individual’s weekly wage (TBD if this means it is an offset).
Symetra Life Insurance Company, 777 108th Avenue NE, Suite 1200, Bellevue, WA 98004.
First Symetra National Life Insurance Company of New York, New York, NY. Mailing address: P.O. Box 34690, Seattle, WA 98124.
Symetra Life Insurance Company is a direct subsidiary of Symetra Financial Corporation. First Symetra National Life Insurance Company of New York is a direct subsidiary of Symetra Life Insurance Company and is an indirect subsidiary of Symetra Financial Corporation (collectively, “Symetra”). Neither Symetra Financial Corporation nor Symetra Life Insurance Company solicits business in the state of New York and they are not authorized to do so. Each company is responsible for its own financial obligations.
Symetra® is a registered service mark of Symetra Life Insurance Company.
Symetra assumes no responsibility for the accuracy or timeliness of any information provided herein. The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. We recommend employers speak with legal counsel specializing in labor and employment law to ensure compliance with applicable PFML and PFL mandates.
The information on this page was updated as of April 2024.