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How does the Healthy Delaware Families Act (DE PFML) work?

Here's how Delaware's new paid leave program can support you

 

Quick answer
 The Healthy Delaware Families Act, or Delaware Paid Family and Medical Leave (DE PFML), is effective January 1, 2026 and applies to most Delaware employers depending on size. It provides partial wage replacement and job protection across four leave categories — parental, medical, caregiving, and qualifying exigency leave — with a combined cap of 12 weeks in a 12-month period regardless of reason.

Who this applies to / Prerequisites

  • Employers need 10+ employees working in Delaware to be covered for parental leave only; 25+ employees working in Delaware to be covered for medical, caregiving, and qualifying exigency leave.
  • Employees must have earned at least 60% of their total wages in Delaware each quarter, have 12 months of tenure with their current employer, and have worked 1,250 hours in the previous 12 months with that employer.

Key facts

  1. Parental Leave: 12 weeks in a 12-month period, for bonding with a new child within a year of birth/placement, including foster care and adoption; this can also include birthing parents as of the date of delivery, even during medical recovery.
  2. Medical Leave: 6 weeks in a 24-month period, for the employee's own serious health condition, including pregnancy and/or childbirth.
  3. Caregiving Leave: 6 weeks in a 24-month period, to care for a family member with a serious health condition, including pregnancy. Covered relationships include a spouse, child, or parent.
  4. Qualifying Exigency Leave: 6 weeks in a 24-month period, when the employee's spouse, child, or parent is on covered active duty or under an impending call to covered active duty.
  5. Employees are capped at 12 weeks of total leave in a 12-month period, regardless of which category or combination of categories is used.
  6. During leave, employees can receive up to 80% of their average weekly wages for the last 4 completed calendar quarters immediately preceding application. For claims with benefit years starting on or after January 1, 2026, the maximum weekly benefit is $900.
  7. Employers fund the program but can require employees to pay up to 50% of the cost through payroll deductions.
  8. There is no waiting period for DE PFML.
  9. Leave can be used intermittently if needed, including for new child bonding, but must be used in full-day intermittent increments.
  10. DE PFML runs concurrently with FMLA when applicable.

What if it doesn't work

  • I'm not sure if my employer is covered: Coverage depends on employer size and leave type — contact your Leave Success Manager to confirm.
  • I'm not sure how I'll be paid: This depends on whether your employer uses a state plan or a private plan — contact your Leave Success Manager for details.
  • If none of these apply, contact your Leave Success Manager (employees) or Customer Success Manager (HR teams).

Limits and exceptions

  • DE PFML is effective January 1, 2026.
  • The combined 12-week annual cap applies across all leave categories, not per category.
  • Intermittent leave under DE PFML must be taken in full-day increments only.
  • The $900 maximum weekly benefit applies to claims with benefit years starting on or after January 1, 2026, and may change over time.

Related questions

  • Does Delaware have other leave laws Tilt supports?