Delaware Paid Leave Laws 2026
Last updated: · Source: Delaware labor department
Delaware · Leave Laws 2026
Federal FMLA
Applies (50+ employees)
State Leave Law
Delaware Paid Leave
State Employer Threshold
10+
Paid Family Leave
Delaware Paid Leave — up to $900/wk
Bereavement Leave
No mandatory law
FMLA in Delaware: Federal Leave Protections
Federal FMLA applies to every qualifying employee in Delaware the same way it applies nationwide: up to 12 weeks of unpaid, job-protected leave for employees who've worked 12+ months and at least 1,250 hours for an employer with 50+ employees within 75 miles.
Delaware Paid Leave: Benefits & Eligibility
Delaware's Delaware Paid Leave (DE PL) extends job-protected leave to more workers than federal FMLA alone: it applies to employers with as few as 10 employees, versus the federal threshold of 50. Eligible employees can take up to 12 weeks of leave. 10-24 employees: parental leave only. 25+ employees: full coverage (parental, medical, family caregiving, and military exigency leave).
Eligibility test: Same 12-month + 1,250-hour test as federal FMLA. You must also work primarily in Delaware (60%+ of your time).
DE Paid Leave Benefits: How Much You Get Paid
Delaware Paid Leave pays eligible workers approximately 80% of their wages, up to $900/week, for up to 12 weeks . The program has been in effect since 2026-01-01.
| Weeks available | 12 |
| Wage replacement | 80% |
| Max weekly benefit | $900 |
| Covers bonding with a new child | Yes |
| Covers caring for a family member | Yes |
| Covers military family leave | No |
Apply through the official DE PL site ↗ Estimate your weekly benefit →
Delaware Bereavement Leave: What DE Law Requires
Delaware has no law requiring employers to provide bereavement leave. Most employers offer 3–5 days as a matter of policy, not legal obligation — check your employee handbook for your specific employer's bereavement policy.
How DE Paid Leave and FMLA Work Together
When a leave qualifies under both federal FMLA and Delaware Paid Leave, the two run concurrently — counting against both entitlements at the same time — and the employee gets whichever protection is more generous on each specific point (employer size, weeks, covered relationships).
Frequently Asked Questions
Yes. Federal FMLA applies to all qualifying employees in Delaware at covered employers (50+ employees within 75 miles), providing up to 12 weeks of unpaid, job-protected leave.
Yes. Delaware has Delaware Paid Leave (DE PL), which applies to employers with 10+ employees and provides up to 12 weeks of leave. To qualify: Same 12-month + 1,250-hour test as federal FMLA. You must also work primarily in Delaware (60%+ of your time).
Yes. Delaware Paid Leave provides up to 12 weeks of paid leave, replacing approximately 80% of wages up to a maximum weekly benefit of $900.
No. Delaware has no law requiring bereavement leave. Any bereavement leave is provided at the employer's discretion.
When a leave qualifies under both federal FMLA and Delaware Paid Leave, the two typically run concurrently (at the same time), and the employee receives whichever protection is more generous on each specific point, such as employer size threshold or weeks available.