On July 30, 2025, Governor Matt Meyer signed HB 128 (“the Act”) into law, amending Delaware’s paid family and medical leave law (“PFML”). The Act was effective immediately once it was signed into law.
Background
Delaware’s PFML law, the Healthy Delaware Families Act, requires certain employers to provide their covered employees with up to $900 per week in paid leave for parental, family caregiving, medical, and qualified military exigency leave. Contributions to the state plan began on January 1, 2025, and benefits will begin on January 1, 2026.
The Act amends several provisions of the PFML law, specifically the following:
- The coordination of an employer’s other paid leave with PFML leave;
- An employer’s ability to require a covered employee to use other paid time off (“PTO”) prior to using PFML leave;
- The annual deadline for applying for a private plan; and
- Private plan claims documentation requirements.
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