One Month Until Paid Family & Medical Leave Comes to Delaware

Wilmington, DE — In just one month, Delaware workers will be able to access Paid Family and Medical Leave, a historic benefit created by the Healthy Delaware Families Act, landmark legislation championed by then–State Senator Sarah McBride and passed in 2022 with broad bipartisan support.

Beginning January 1, 2026, eligible workers across the state can take paid time to welcome a new child, care for a seriously ill loved one, recover from a major health condition, or support family during overseas military deployment—without sacrificing the paycheck they rely on.

“Paid family and medical leave is about dignity, plain and simple,” said Rep. Sarah McBride, who led the effort to write and pass the law, celebrated the milestone. “It means a parent can be there for a newborn, a worker can recover from illness, and a caregiver can support an aging parent—without falling behind on rent or groceries. This program will strengthen families, support small businesses, and make our state more affordable for the people who make Delaware home.

“No one should have to choose between their job and the people they love. One month from today, that promise becomes a reality. This was a bipartisan achievement—proof that when we listen to one another and stay focused on solutions, we can deliver real, lasting change.”

What the Law Provides

Beginning January 1, eligible employees—those employed at least one year and at least 1,250 hours with a single employer—can receive up to 80% of their wages (up to $900/week) to take:

• 12 weeks to care for a new child;
• 6 weeks to care for a family member with a serious health condition;
• 6 weeks to address a personal serious health condition; or
• 6 weeks to assist while a loved one is on overseas military deployment.

Employees may take up to 12 total weeks of combined leave per year.

Supporting Workers and Businesses

The program is funded by less than 1% of an employee’s weekly wages, and employers may require employees to pay up to half that cost.

Recognizing the diversity of Delaware’s economy, the law offers tailored participation on a rolling basis:

• 9 or fewer employees: Not required to participate, but may opt in.
• 10–24 employees: Required to provide parental leave; may opt in to full coverage.
• 25+ employees: Required to participate in the full program or provide a comparable private plan.

Businesses considering opting in to either all or some select coverages are encouraged to consider their options and the potential cost saving from the benefit. A small business that would have otherwise covered an employee’s parental leave out of pocket, for example, may save up to $10,000 in a year for that employee by participating in the program.

Employers can find cost calculators, guidance, and enrollment information at the Delaware Department of Labor’s Paid Leave Division.

A Milestone Years in the Making

For nearly a decade, Delaware caregivers, small businesses, medical professionals, and faith leaders organized to make paid leave a reality. Their efforts, led by the Delaware Cares Coalition, spanned every county and helped build the bipartisan supermajorities needed to pass the Healthy Delaware Families Act.

“This law belongs to the people who showed up—parents, survivors, small business owners, nurses, faith leaders,” said Rep. McBride. “Their stories moved hearts and changed minds. This is their victory.”

“Delaware is at its best when we look out for one another. Paid leave is a recognition that caring for our families is not a distraction from our economy—it’s the foundation of it. I’m incredibly proud of what we accomplished together, and I’m excited for what this will mean for families across our state.”

Delawareans can learn more at de.gov/paidleave.

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