Delaware Paid Leave Incoming
Starting January 1, 2026, employees can begin filing claims through Delaware's paid family and medical leave program (Paid Leave). Employers with 10 or more employees in the state are required to participate and provide employees with job-protected leave.
By December 2, 2025, employers are required to give the Notice of Employee Rights to all employees for a second time (this notice was also required in 2024). This needs to be provided to new employees upon hire, when an employee requests leave, or when an employer learns the employee might need leave.
There are additional employer-required notices, as well as a workplace poster that the state will provide (hopefully soon) on its Paid Leave website. There, you can also find FAQs, an overview of the program, and other resources for employers.
Action Items:
Provide notices to employees, as required.
Display the poster when issued by the Delaware Department of Labor.
Create a Paid Leave policy in your Staff Handbook.