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

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 1 – Article 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.