10 Key Questions About Leave Laws in Delaware

May 21st 2025

Navigating the demands of work and life’s unpredictable moments is a universal challenge. Whether it’s welcoming a new child or caring for a sick family member, employees want to be able to take time off without jeopardizing their job security.

Delaware’s labor laws play a significant role in defining these crucial periods away from work. Both employers and employees need to understand their rights and obligations to stay compliant with the laws.

This guide cuts through the complexity by answering ten key questions about leave laws in Delaware, from the basics of available leave types to the specifics of the state’s new paid family and medical leave program. It will help you confidently manage leave in Delaware.

This Guide Covers

1. What are the leave laws in Delaware?

Delaware’s leave laws are a combination of federal and state regulations designed to provide employees with job-protected time off for various personal and family needs.

While the federal Family and Medical Leave Act (FMLA) provides unpaid but job-protected leave for eligible employees, Delaware has enhanced these protections. The state has introduced paid leave benefits for qualifying reasons under the Healthy Delaware Families Act, also known as the Delaware Paid Leave program, which goes into full effect from January 1, 2026.

Other state laws address specific types of leave, such as jury duty, military leave, and emergency responder leave.

Learn more about Delaware leave laws.

2. What are the different types of leave available in Delaware?

Delaware employees are entitled to different types of leave, including:

  • Family and Medical Leave: Federal FMLA requires employers to grant up to 12 weeks of unpaid, job-protected leave to their employees for qualifying family and medical reasons.
  • Paid Family Medical Leave (PFML): Delaware law requires employers to provide income-replacement benefits to employees who are on federal FMLA leave for qualifying reasons. These include an employee’s own illness, childbirth, or the need to care for a family member.
  • Jury Duty Leave: Delaware law mandates that employers provide unpaid time off for jury duty. While employers are not obligated to pay employees for jury duty, some of them may choose to do so.
  • Military Leave: Employees who are called to service or voluntarily enter the armed forces or National Guard are granted a military leave of absence.
  • Emergency Responder Leave: According to the Volunteer Emergency Responders Job Protection Act, employers with ten or more employees must allow unpaid, job-protected leave for volunteer emergency responders responding to a Governor-declared or President-declared state of emergency, or for those absent from work due to injury sustained while responding to an emergency.
  • Holidays: State employees in Delaware are entitled to 11 paid legal holidays per year, plus Election Day and Return Day during an election year. The statewide list of holidays is here.
  • Annual Leave: State employees accrue annual leave based on their length of service. The accrual rates increase with years of service. For example, full-time employees who have worked for fewer than ten years accrue 9.5 hours of paid annual leave per month (working a 37.5-hour schedule) or ten hours of leave per month (working a 40-hour schedule).
  • Sick Leave: Eligible state employees accrue paid sick leave at the rate of 9.5 hours per month (for a 37.5-hour standard work week) or ten hours per month (for a 40-hour standard work week).

3. How long is a leave of absence in Delaware?

The duration of leave in Delaware depends on the specific type of leave and the applicable law.

  • FMLA Leave: Up to 12 workweeks of unpaid leave for family and medical reasons and up to 26 workweeks of military caregiver leave in a 12-month period
  • Delaware Paid Leave: Up to 12 weeks of paid leave per year
  • Jury Duty Leave: The duration of jury service
  • Military Leave: The entire period of the employee’s military service
  • Emergency Responder Leave: Up to seven consecutive days of leave for responding to a Governor-declared state of emergency or up to 14 consecutive days for responding to a President-declared national emergency
  • Holidays: 11 paid holidays per year, and Election Day and Return Day leave during an election year
  • Floating Holidays: Up to two days in a calendar year
  • Annual Leave: Up to 13.5 hours per month (for 37.5-hour schedule) and 14 hours per month (for 40-hour schedule)
  • Sick Leave: Up to 9.5 or ten hours per month, depending on whether the state employee works for a 37.5-hour or a 40-hour standard work week

4. What is the new law for FMLA in Delaware?

Delaware’s Paid Family Medical Leave (PFML) Insurance Program, also known as Delaware Paid Leave, requires employers to provide employees with income-replacement benefits while they are on approved, job-protected (but unpaid) federal FMLA leave.

Most employers in the state need to participate in the Delaware Paid Leave program, including state government, schools, non-profits, and businesses with ten or more employees.

Here is how the paid leave program requirements differ based on the number of employees the business employs:

delaware paid leave requirements

The program is funded through employer and employee contributions, with contributions starting on January 1, 2025, and paid benefits starting on January 1, 2026.

Employees whose leave is approved under this program can receive up to 80% of their average weekly wage, with a maximum weekly benefit of $900.

Federal government employees and employers with seasonal operations who shut their company down for a month or more are exempt from participating in the Delaware paid leave program.

5. Are part-time employees entitled to leave in Delaware?

Eligibility for leave in Delaware depends on meeting specific criteria, which can include hours worked and length of service. So, even part-time employees are entitled to most types of leave in Delaware, including Paid Leave, holidays, and jury duty leave. However, their leave entitlement is on a pro rata basis.

For example, to be eligible for the federal FMLA and Delaware Paid Leave benefits, employees must have worked for their employer for at least 12 months and have worked a minimum of 1,250 hours during the last 12 months. Part-time employees who meet these hour and tenure requirements are eligible for leave.

Know your rights as an hourly employee in Delaware.

6. Do employees get paid while on leave in Delaware?

Whether an employee gets paid while on leave in Delaware depends on the type of leave and their employer. The federal FMLA provides unpaid leave. However, starting January 1, 2026, eligible employees in Delaware will receive income-replacement benefits through the Delaware Paid Leave program for approved family and medical leave for qualifying reasons.

Many employers may offer paid sick leave or paid time off (PTO) as a company benefit based on their employer policy.

7. What happens to employee benefits while they’re on leave in Delaware?

Under the federal FMLA, employers are required to maintain an employee’s group health insurance benefits under the same conditions as if the employee had not taken leave, provided the employee continues to pay their share of the premiums.

Delaware’s Paid Leave program also requires the continuation of health insurance benefits during the period of paid leave.

For other types of leave not covered by FMLA or the state’s Paid Leave program, the continuation of benefits is typically governed by the employer’s policies or the terms of any employment contract or collective bargaining agreement.

8. Can unused leave be carried over to the next year in Delaware?

In Delaware, whether unused leave can be carried over to the next year depends on the type of leave and the employer’s policy. While some types of leave, like annual leave, may be subject to accumulation and carryover limits, others, like floating holidays, FMLA, and Delaware’s paid leave, generally do not.
State employees in Delaware can accrue and carry over a maximum of 318 hours (for a 37.5-hour standard work week) or 336 hours (for a 40-hour standard work week) of paid annual leave to a new calendar year.

Similarly, eligible state employees can accrue and carry over all of their paid sick leave hours to a new calendar year. There is no maximum limit on accrual. 

9. Can you get fired while on leave in Delaware?

While Delaware is an at-will employment state, meaning an employer can generally terminate an employee for any lawful reason, there are significant exceptions. For example, when an employee is on legally protected leave under jury duty leave, federal FMLA, or Delaware’s Paid Leave program, they cannot be fired for taking leave.

These laws provide job protection, requiring employers to restore the employee to their original or an equivalent position upon their return from leave.

Termination during protected leave is only permissible under specific circumstances, such as if the employee would have been laid off regardless of taking leave, or if the employee fails to return to work after their leave entitlement is exhausted

Explore the rules that govern firing employees in Delaware and the main termination laws in Delaware in detail.

10. What can you do if your leave rights get violated in Delaware?

If an employee’s leave rights have been violated in Delaware, they can try to resolve the issue directly with their employer’s human resources department or management. If the issue cannot be resolved internally, employees can file a complaint with the appropriate government agency.

For potential violations of the federal FMLA, employees can contact the U.S. Department of Labor’s Wage and Hour Division.

For issues related to Delaware’s Paid Leave program or other state labor law violations, employees can contact Delaware LaborFirst (Delaware Department of Labor). Upon violation, the employer will have to pay for all paid family and medical leave benefits for which an eligible employee applied, and the employer may also be subject to penalties of $1,000-$5,000 for each violation. However, the employee must file a complaint within 30 days of the alleged violation.

Any employer who violates the jury duty leave provision in Delaware shall be liable for the reinstatement of any employee terminated for his jury service. They may also be subject to a civil penalty of not more than $5,000 for each violation.

Important Cautionary Note

This content is for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users must independently verify any critical information and should not solely rely on the content provided.