Delaware Paid Leave

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This article is about Justworks PEO. What product am I using?

What is Delaware Paid Leave? 

Delaware Paid Leave is a state program that allows employees to take leave. The amount of time depends on the reason. Delaware’s program will be 80% funded by the state (up to $900) and less than 1% of an employee’s weekly salary. Employers can require that employees  contribute up to half the cost.

Who is eligible? 

Delaware Paid Leave is offered to employees who have been employed for at least one year and at least 1,250 hours with a single employer. If their leave is approved, employees will get up to 80% of their wages (up to $900 per week) to cover:

  • Care for a new child — up to 12 weeks per year;
  • Care for a family member with a serious health condition — up to six weeks, every 24 months;
  • A personal serious health condition or injury — up to six weeks, every 24 months; or
  • Assist while loved ones are on overseas military deployment — up to six weeks, every 24 months.

Employees are limited to a maximum of 12 weeks total combined leave per year. 

What employers are required to participate?

Most businesses that have 10 or more employees are required to participate. For more information visit the Delaware Department of Labor's Employer Information and Resource page.

How do my employees file a claim? 

Register at my.delaware.gov and then fill out the claimant form in the LaborFirst Claimant Portal. Then your employee will provide employment information, dates, type of leave being requested, and any relevant healthcare information. 

What does my company need to do? 

Register for a Delaware LaborFirst account. 

Delaware legislation states you can charge your employees any percentage up to 50% of the total premium. It also states that an employer may opt into a higher level of coverage if they’d like. Because this high level of optionality is ultimately in the hands of the employer, Justworks will be administering the program as an employer-paid tax.

 

Disclaimer

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for accounting, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.