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Delaware Leave Laws Mandates
Delaware’s leave law landscape is undergoing significant changes, especially with the recent rollout of the Healthy Delaware Families Act. While the federal laws, such as the Family and Medical Leave Act (FMLA), continue to offer foundational leave rights, the state plans to introduce its own state-mandated paid family and medical leave program, which will impact how employers manage employee time off.
This amalgamation of new state requirements, federal mandates, and employer-specific policies will shape Delaware’s comprehensive leave policies available to employees in the First State.
Delaware Paid Family and Medical Leave (PFML) Law
One of the most significant developments in Delaware’s leave law in 2025 is the implementation of the Healthy Delaware Families Act, which establishes a statewide Paid Family and Medical Leave (PFML) program. Starting January 1, 2025, both the employee and the employer will contribute funds to this program, and the benefits will become available to all eligible employees beginning January 1, 2026.
Delaware Sick Leave Law
As of 2025, the state of Delaware does not mandate private employers to offer paid or unpaid sick leave outside the upcoming PFML benefits. However, these will cover only some specific health-related absences starting in 2026.
Many companies do provide sick leave as part of their benefit package, but it is usually at the employer’s discretion. But if an employer promises to offer sick leave, they’re obligated to honor the commitment as per company policies.
Delaware Paid Time Off (PTO) Law
From an employer’s point of view, Delaware does not mandate them to offer paid time off or vacations to their employees. It is typically at their discretion to add PTO policies to their existing stack and cover vacation, sick time, and personal days under PTO. However, if they do, they are bound to comply with their written policies. Employers are also not liable to pay any unused PTOs unless it is clearly stated in the company laws.
Delaware Family and Medical Leave Act (FMLA)
All eligible employees are entitled to the federal FMLA if covered by the employer. This includes up to 12 weeks of unpaid, job-protected leave per annum for certain family and medical reasons, including childbirth or adoption, personal or family illness, or deployment of a close family member.
While Delaware does not have any state equivalent for private sector employees, public employees do have certain additional rights.
Importantly, the state will begin implementing paid family and medical leaves for covered workers in the coming months.
Delaware Bereavement Leave
As per state laws, private sector employers are not liable to provide bereavement leaves to their employees. Though some companies do extend this provision, especially in the case of the death of an immediate family member.
On the other hand, some public sector employees and school district workers do receive limited bereavement leave as specified in their contracts.
Delaware Domestic Violence Leave
As of 2025, no specific law demands that private companies offer dedicated domestic violence leave to their employees in Delaware. However, the new Healthy Delaware Families Act’s “medical leave” and “family caregiving leave” provisions, while they will come into effect in 2026, may indirectly over some situations, especially if domestic violence leads to serious health conditions.
Employees could also use other leave forms, such as sick leave, personal leave, or PTO, if available, to deal with violent incidents. But, as of date, there is no standalone legal law that forces employers to offer this specific type of leave to private sector employees.
Delaware Leave Type, Eligibility, and Duration
| Type of Leave | Eligibility | Duration & Description |
|---|---|---|
| Sick Leave (public sector) | State or public employees | Accrual based on state policy, ideally 1 day per month |
| PTO (private) | Employer-determined | There’s no state minimum, and it varies depending on a private company’s payout policies. |
| FMLA | 50+ employees, personal/family needs | Up to 12 weeks of unpaid, job-protected leave per year |
| Bereavement Leave | Public sector, private by policy | Generally up to 3–5 days (by policy/contract) |
| Domestic Violence Leave | Victims of any crime | Reasonable leave for medical, relocation, court appearances, etc. However, there’s no set maximum or minimum |
| Jury Duty Leave | All employees | Unpaid, job-protected for the entire duration of jury service |
| Military Leave | All employees, but subject to USERRA/federal laws | Up to 5 years of unpaid (cumulative) leaves and job reinstatement protected |
| Voting Leave | Not required by law | No state requirement. However, employer policy may apply |
Healthy Delaware Families Act
In 2022, the state of Delaware passed the Healthy Delaware Families Act, a comprehensively defined paid family and medical leave law. However, workers will be able to leverage the benefits only post January 1, 2026, with premium contributions beginning in 2025. The law is applicable to all private companies with 10+ employees.
Key details are as follows:
- Eligibility: Workers must work for a covered employer and meet minimum service requirements.
- Benefits: Up to 12 weeks per annum of paid family and medical leave for qualifying reasons, including childbirth or adoption, serious health conditions, or care of a family member.
- Wage Replacement: Employees get a portion of their wages, similar to other state PFL programs.
- Job Protection: Job reinstatement is typically protected during leave.
- Phased Rollout: Employees start contributing via payroll deductions in 2025, which will be accessible in 2026.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: State if unused leave can be transferred to the next year or if it expires after a specific period.
- Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
HR Compliance: Notice & Documentation Table
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| Paid Family Leave | 30 days (if foreseeable) | Proof of relationship and/or medical certificate |
| FMLA | Reasonable advance | Medical documents or any other qualifying event |
| Sick Leave | As soon as possible | As per the employer or state policy. But, not always required |
| Bereavement | As per employer policy, or as soon as possible | Proof such as an obituary, death certificate, etc. |
| Jury Duty | As soon as possible | Proof of jury summons or court notice |
| Military Leave | Advance notice (unless not possible) | Military orders or call-up documentation |
| Domestic Violence | As soon as practically possible | Proof of court order or legal paperwork (if requested by the employer) |
