On May 10, 2022, Gov. John Carney signed into law the Family and Medical Leave Insurance (FMLI) program called the “Healthy Delaware Families Act.” The payroll withholding of the employees’ contributions is scheduled to begin on January 1, 2025, and the benefits will be available to eligible employees starting January 1, 2026.
There are several key differences from other states’ PFML programs. For example, the minimum employer size that needs to comply with the Delaware FMLI program is an employer who employs 10 or more employees working in Delaware, in contrast to employers with at least one employee working in the state for other states’ PFML programs. Moreover, the Delaware FMLI program allows employers to include their employees who work outside of Delaware to participate in Delaware’s FMLI program voluntarily. Another major difference is employers, rather than the state, are responsible for approving or denying a claim application within five business days of receipt of a completed application with the required documentation. Once approved, the state’s Department of Labor will make the benefits payment to the eligible employees.
Overall, Delaware aligns many of the program’s details and terms with the federal FMLA, such as the definitions of the family members. Therefore, the eligible family members under the FMLI program are much narrower than other states’ PFML programs.
Below are the key highlights of the Delaware FMLI program:
Timeline
Covered Employers
Funding of the Program
Employers can require covered employees to pay up to 50% of the total premium. Employers are responsible for the remaining premium amount. The contribution amounts in 2025 and 2026 are:
Employers are required to remit the total premium to the state at least quarterly as regulated by the department.
Eligibility to Take Leave
Covered employees are eligible when they have worked at least 1,250 hours over the 12-month period immediately preceding the date on which leave is to begin.
Qualified Reasons for Leave
Maximum Benefits Duration
Maximum Benefits Amount
Covered employees are entitled to 80% of their average weekly wage up to $900 in 2026 and 2027. (After 2027, revisited annually and adjusted by the state as appropriate.)
Next Steps
Because the contributions do not begin until 2025, and the benefits will be available to eligible employees in 2026, employers have time to review the law closely against their existing leave policies and benefits eligibility, and consider how the new Delaware FMLI will coordinate with other leaves including the federal FMLA and STD. Moreover, employers should monitor any future guidance and developments as it is expected that the state will release more detailed guidance.
Healthy Delaware Families Act »
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