Delaware Paid Family Medical Leave Grandfathered Plan Applications Due January 1, 2024

At A Glance

• Delaware employers with private paid leave benefits may opt out of the state-sponsored paid family medical leave plan.
• Private plans must meet specific criteria to qualify to be grandfathered.
• Applications for grandfathered plans are due January 1, 2024.

Delaware Paid Family Medical Leave (PFML) Program

Delaware’s PFML program, signed into law under the Healthy Delaware Families Act in May 2022, offers paid leave to employees meeting specific criteria for the following events:

• Care for a new child (up to 12 weeks per year)
• Care for a family member with a serious health condition (up to 6 weeks, every 24 months)
• Address a personal serious health condition or injury (up to 6 weeks, every 24 months)
• Assist while loved ones are on overseas military deployment (up to 6 weeks, every 24 months)

Participation in this program is mandatory for most Delaware employers with 10 or more employees. Contributions for paid leave will begin January 1, 2025, with disbursement of payments from these plans beginning January 1, 2026.

Grandfathered Plans

Employers currently offering paid leave plans with benefits comparable to the Delaware state PFML plan can apply to opt out of the state plan and grandfather their existing plan. To qualify, an employer’s private plan must:

• Be in writing,
• Have been in place before the Healthy Delaware Families Act was signed into law on May 11, 2022,
• Not cost employees more than the state plan (no more than 50% of the total cost of the program), and
• Be within 10% of the main benefit provisions of Delaware Paid Leave.
• Parental leave plans must cover employees regardless of sex, gender, or marital status.

How to Apply for Grandfathering

Employers who want to have their private plan grandfathered must submit their application through the Grandfathering Portal by January 1, 2024. For additional information on Delaware PFML, including answers to FAQs on grandfathering, visit the Delaware Department of Labor website.

 

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For more information on Delaware wage and payroll tax laws, check out our Delaware Wage and Payroll Tax Facts page.

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