Delaware Paid Family and Medical Leave Insurance
Delaware employers can access disability benefits through a private plan that meets the requirements of the Delaware Paid Leave insurance program.
Coming Soon for Delaware Employees
Arch Insurance Group Inc., a market leader in statutory disability and paid family leave markets, may provide private plan insurance to Delaware employers who wish to use an alternative to the state program.
Delaware Title 19*
Delaware’s proposed amendments to Title 19, Chapter 37 of the Delaware Code to provide for a Family and Medical Leave Insurance Program were signed into law May 11, 2022. Most employers with 10 or more employees are required to participate. Employers having 10 to 24 employees are only required to provide Parental Leave, versus full coverage for employers with 25 or more employees. Federal government employees and seasonal operations that shut down for a month or more are exempt from the state plan. Employees employed at least one year who have at least 1,250 hours with a single employer are eligible. Approved leaves will be eligible to receive up to 80% of wages to a maximum of $900 per week.
* Delaware’s PFML program information is subject to change.
What’s Covered Under Delaware’s Paid Leave Program?
Under the DE Paid Leave program, an eligible employee may take time away from work to:
- 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), or
- Assist while loved ones are on overseas military deployment (up to 6 weeks, every 24 months)
Timetable for Delaware Paid Leave
| Date (subject to change) | requirement |
|---|---|
| Oct. 1, 2023 – Jan. 1, 2024 | State portal opened to allow employers to grandfather existing paid time off plans and/or reduce parental leave duration. |
| Sept. 1, 2024* – Dec. 1, 2024* | Opt-in/Opt-out opens for employers who wish to use a private plan, and for small employers (under 10 lives) who want to opt into the state plan. |
| Jan. 1, 2025* | Contributions to state plan begin. |
| Jan. 1, 2026* | Benefits are set to begin. |
| *Proposed Dates |
State Plan Benefit Duration
Under the state plan, up to 12 weeks of combined total leave may be taken within a benefit year.
Equivalent Private Plan Details
Delaware employers with 10 or more employees may file for private plan approval with the state if they purchase a plan that provides the same or better benefits as the state plan. Employers who wish to use a private plan must obtain state approval and opt out of the state plan annually.
Employers with approved private plans will not be required to make state plan contributions. Employers may require employee contributions up to 50% of the cost of the program, and this amount may not be more than is required under the state plan.
Contact Us
Corporate Contact
Thomas Foschino
VP, Accident and Health
Sales Contact
Julie Lung
Business Development Manager
Underwriting Contact
Jim Iannicelli
Assistant Vice President, Disability Underwriting
Information
Insurance coverage is underwritten by a member company of Arch Insurance Group Inc. This is only a brief description of the insurance coverage(s) available under the policy. The policy contains reductions, limitations, exclusions and termination provisions. Full details of the coverage are contained in the policy. If there are any conflicts between this document and the policy, the policy shall govern. Not all coverages are available in all jurisdictions.