Delaware Paid Family and Medical Leave Updates - HR ALERTS

Delaware Paid Family and Medical Leave Updates

Effective: July 30, 2025 & August 11, 2025

Delaware has issued key amendments to the Healthy Delaware Families Act that will take effect in two phases:

Benefits Coordination Update

Effective July 30, 2025, employers will no longer be allowed to require employees to use unused accrued paid time off before accessing Paid Family and Medical Leave (PFML) benefits. The PFML program will also be the primary payor, and disability insurance benefits may be offset by PFML benefits as outlined in the policy.

Contributions and Coverage Changes

Effective August 11, 2025, the rules regarding employer size and payroll contributions will be updated. These changes will affect when coverage under the law changes based on employer size and clarify payroll contribution requirements and waivers.

Benefits under the Healthy Delaware Families Act will become available starting on January 1, 2026.

These updates follow prior amendments, with final rules first issued on July 11, 2023, and subsequent changes made in March 2024 and February 2025.

Reference: 2025 Bill Text DE H.B. 128 

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