Delaware Paid Leave
Delaware State Plan Details
Delaware Paid Leave offers paid leave to employees who have been employed for at least one year and at least 1,250 hours with a single employer. If their leave is approved, employees will get up to 80% of their wages (up to $900 per week).
What qualifying events could a worker use leave for?
- Care for a new child (up to 12 weeks per year),
- Care for a family member with a serious health condition (up to 6 weeks, every 24 months),
- Address a personal serious health condition or injury (up to 6 weeks, every 24 months), or
- Assist while loved ones are on overseas military deployment (up to 6 weeks, every 24 months)
Employees are limited to a maximum of 12 weeks of total, combined leave per year.
The program will be funded by less than 1% of an employee’s weekly salary. Employers can require employees to contribute up to half the cost.
Delaware Private Plan Requirements
In Delaware, employers have the option to opt out of the state's Paid Family and Medical Leave (PFML) program by implementing a private plan that meets or exceeds the benefits provided by the state program. To successfully opt out, employers must adhere to the following requirements:
- Plan Equivalence: The private plan must offer benefits that are at least equal to or greater than those provided by the Delaware Paid Leave program. This includes matching or exceeding the duration of leave, benefit amounts, and qualifying reasons for leave as stipulated by the state.
- Application Period: Employers wishing to opt out must submit their private plan for approval during the designated application window. For the initial implementation, this period is from September 1st, to December 1st each year. Applications are submitted through the Delaware LaborFirst online portal.
- Annual Renewal: Approval for private plans is not permanent; employers must reapply annually to maintain their exemption from the state program. This ensures that private plans continue to meet or exceed state requirements.
- Employee Contributions: The private plan cannot require employees to contribute more than they would under the state program. This ensures that employees are not disadvantaged by the employer's choice to implement a private plan.
- Regulatory Compliance: The private plan must be administered through an admitted carrier or a self-insured program that complies with all regulatory standards set by the Delaware Department of Labor.
Employers who do not submit and receive approval for a private plan by the December 1st deadline will be required to participate in the state’s PFML program, with payroll contributions beginning on January 1st of the following year.
Employers considering a private plan should carefully review the Delaware Department of Labor's guidelines to ensure full compliance and to provide their employees with benefits that are at least equivalent to those offered by the state program.
Get a Proposal
Landsman Insurance Services can assist you in obtaining Private Plan proposals from highly rated insurance companies authorized to issue Private Plans in Colorado. Contact us or Book an appointment to discuss your company's options. You may also create a request for proposal by completing the Private Plan Request for Proposal form. Once the form is completed we will contact you shortly.