Legislation has been introduced to clarify provisions of Delaware’s Paid Family Leave Insurance Program, which is set to take full effect January 1, 2026.

House Bill 128 proposed changing the maximum combined amount of medical and family caregiving leave to six weeks per application year, rather than every two years. It also changes the eligibility period, allowing employees to receive benefits once every 12 months, rather than once every 24 months.

Additionally, the bill designates Delaware Paid Leave as the primary payor, requiring coordination with any other paid leave policies an employer may offer. It allows for disability insurance benefits to be offset by Paid Leave payments, depending on the terms of the specific disability policy.

For employers using a private plan to meet Paid Leave requirements, the bill clarifies that claim documentation does not need to be submitted to the Labor Department unless it is requested through an audit, appeal, complaint, or other formal inquiry. Small employers with fewer than 25 employees who voluntarily opt in to the program must comply with all provisions.

The bill also establishes a Paid Leave Advisory Committee to support the program’s implementation and to review any proposed changes to the law or its regulations. For details on how the Delaware Paid Leave Program works, click here

The bill has been assigned to the House Labor Committee, with a hearing expected by mid-June.