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April 2022: Statewide Paid Family Leave Set to Become Law in Delaware

25 Apr


Update Applicable to:
All employers in the state of Delaware.

What happened?
On April 14, 2022, the General Assembly passed Senate Bill 1 (SB 1), which would provide up to 12 weeks of statewide paid family and medical leave once signed by the governor.

What are the details?
Effective July 1, 2022, once it is signed by Governor Carney, Delaware employees can access up to 12 weeks of paid family and medical leave through the state’s paid leave trust fund for a qualifying event, including for the following:

  1. To address a worker’s own serious health condition
  2. To care for a family member with a serious health condition
  3. To bond and care for a new child
  4. To address the impact of a family member’s military deployment

Under the bill, eligible Delaware workers could receive up to 80% of their average weekly wages or up to $900 through the state-run insurance program.

Businesses with less than 10 employees would not automatically qualify for paid parental leave, and those with 25 employees or less would not be covered for caregiving or medical leave. Paid family and medical leave would only apply to full-time employees who worked 1,250 hours or a full year.

Businesses would be able to opt out of the potential paid family and medical leave program if they have an established paid leave program that is comparable. Businesses can choose to opt-in for one of the three leave policies — medical, caregiving, parental — and leave the other policies on the table to mix and match with the privacy policies.

For more information, please see the links below:

Senate Bill 1 (SB 1)

Article 1Article 2

What do employers need to do?
Employers should review the links provided above and prepare to make changes to their paid leave policies to be in compliance with the new law once it is signed by the governor.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Delaware PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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