Verification: approved by a person (carried over from Juriset's first release).
Programs
Name
Family and Medical Leave Act
Paid
no
Condition
Unpaid, job-protected leave with continuation of group health benefits. Up to 12 workweeks in a 12-month period for qualifying family and medical reasons; up to 26 workweeks in a single 12-month period of military caregiver leave. Covered employers: private-sector employers with 50 or more employees in 20 or more workweeks in the current or previous calendar year; public agencies and local educational agencies regardless of the number of employees. Eligible employees: at least 12 months with the employer, at least 1,250 hours of service in the 12 months before leave, and work at a location where the employer has at least 50 employees within 75 miles. The employer chooses the 12-month period method (29 CFR 825.200(b)).
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same terms and conditions as if the employee had not taken leave. … For eligible employees, up to 12 workweeks of leave in a 12-month period for any of the following qualifying reasons: … An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness may take up to 26 workweeks of leave during a single 12-month period to care for the servicemember. … Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or the previous calendar year,
Public agencies (including federal, state, and local government employers), regardless of the number of employees, and … Work for a covered employer for at least 12 months,
Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and
Work at a location where the employer has at least 50 employees within 75 miles.
An employer is permitted to choose any one of the following methods for determining the 12-month period in which the 12 weeks of leave entitlement described in paragraph (a) of this section occurs:
(1) The calendar year;
(2) Any fixed 12-month leave year, such as a fiscal year, a year required by State law, or a year starting on an employee's anniversary date;
(3) The 12-month period measured forward from the date any employee's first FMLA leave under paragraph (a) begins; or,
(4) A “rolling” 12-month period measured backward from the date an employee uses any FMLA leave as described in paragraph (a).
Family and Medical Leave Insurance Program (Delaware Paid Leave) (paid).
Version 2 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
Programs
Name
Family and Medical Leave Insurance Program (Delaware Paid Leave)
Paid
yes
Condition
"Has been employed for at least 1,250 hours of service with the employer during the previous 12-month period." "Application year" means the 12-month period as defined in the FMLA. Parental leave: maximum 12 weeks in an application year. "The maximum aggregate number of weeks during which medical leave and family caregiving leave benefits are payable ... in an application year is 6 weeks in any 24-month period." "Employers with 10 to 24 employees during the previous 12 months shall be subject to only the parental leave provisions of this chapter." "Employers with 25 or more employees during the previous 12 months shall be subject to all parental, family caregiving, and medical leave provisions of this chapter." "The weekly benefit must be 80% of the covered individual's average weekly wages"; "The maximum weekly benefit in 2026 and 2027 must be $900."
Funded by
public_insurance
Annual max
12
Leave type
family_medical
Job protected
yes
Annual max unit
weeks
Employer size min
10
Eligibility service months
12
Source:Delaware Code Title 19, Chapter 37 - Family and Medical Leave Insurance Program, § 3701 (supports programs[0].eligibility_service_months, programs[0].employer_size_min, programs[0].condition, programs[0].annual_max, programs[0].annual_max_unit, programs[0].leave_type, programs[0].paid, programs[0].funded_by, programs[0].job_protected, programs[0].name)
Has been employed for at least 12 months by the employer with respect to whom leave is requested. … Has been employed for at least 1,250 hours of service with the employer during the previous 12-month period. … Employers with 10 to 24 employees during the previous 12 months shall be subject to only the parental leave provisions of this chapter. … Employers with 25 or more employees during the previous 12 months shall be subject to all parental, family caregiving, and medical leave provisions of this chapter. … Anyone who employs less than 10 employees in this State during the previous 12 months. … “Application year” means the 12-month period as defined in the FMLA. … A covered individual is eligible for a maximum of 12 weeks of family and medical leave benefits in an application year. … The maximum aggregate number of weeks during which medical leave and family caregiving leave benefits are payable under § 3702(a)(2), (a)(3), and (a)(4) of this title in an application year is 6 weeks in any 24-month period. … The weekly benefit must be 80% of the covered individual’s average weekly wages rounded up to the nearest even $1.00 increment during the 12 months preceding submission of the application. … The maximum weekly benefit in 2026 and 2027 must be $900. … Payroll contributions are authorized to finance the payment of benefits under this chapter. … A covered individual who exercises the covered individual’s right to family and medical leave benefits shall, on the expiration of the covered leave, be entitled to be restored by the employer to the position held by the covered individual when the covered leave commenced … By January 1, 2025, the Department shall establish and administer a family and medical leave insurance program.
Upcoming changes
No published changes are waiting to take effect.
Change history
Federal: United States
Version
Effective
Published
Change
Value
3in effect
new
paid_leave in us: version 3, effective 2026-10-24, published (new)
Family and Medical Leave Act (unpaid).
State: Delaware
Version
Effective
Published
Change
Value
2in effect
new
paid_leave in us-de: version 2, effective 2026-01-01, published (new)
Family and Medical Leave Insurance Program (Delaware Paid Leave) (paid).