DE paid family and medical leave bill goes to Governor

The Delaware General Assembly passed a bill entitling employees with up to 12 weeks of job protected, paid family and medical leave in a 12-month leave year period. The bill now goes to Gov. John Carney, who is expected to sign it into law.

Employers with 10 or more employees working anywhere in Delaware must provide the leave, but the leave provided depends upon how many employees they have. Employers with 10-24 employees are subject only to the parental leave provision. Employers with 25 or more employees are subject to all parental, family caregiving, and medical leave provisions.

Employees are eligible to take leave if they have worked for the employer for at least 12 months and worked at least 1,250 hours in the 12 months before heave is requested. Employees may take the leave for the following reasons:

• The birth, adoption, or foster care placement of a child, and caring for (bonding) the child;
• Caring for a family member (parent, child, spouse) with a serious health condition.
• Because of the employee’s own serious health condition rendering the employee unable to perform the job’s functions.
• Because of a family member’s military qualifying exigency.

Employers must require a certification for leave based on a serious health condition.

Employees may take up to 12 weeks of leave in an application year. While they may take up to 12 weeks for parental leave, employees may take only six weeks of leave in a 24-month period for the other reasons. Group health care coverage is to be maintained during leave.

Contributions into a new Family and Medical Leave Insurance Program fund begin on January 1, 2025, and employees may begin obtaining benefits in 2026.

Employees receive up to 80 percent of their average weekly wages, up to $900 for 2026 and 2027. There is a one-week waiting period. During 2025 and 2026, the employer share of the contribution for medical leave will be 0.04 percent of wages, and for family caregiver, leave it will be 0.08 percent.