Delaware Paid Family & Medical Leave (DE PFML)

What Is DE PFML?

Delaware’s Paid Family & Medical Leave is the state‑mandated program that provides eligible employees with partially paid time off for up to 12 weeks per benefit year for qualifying personal and family needs. Entitlements for each line of coverage are listed below.

Eligible reasons for DE PFML benefits include:

• The employee’s own serious health condition – 6 weeks in a 24-month period.
• Parental Bonding to care for a new child, including birth, adoption, or foster placement – 12 weeks in a 12-month period
• Caring for a family member with a serious health condition – 6 weeks in a 24-month period. Covered family members include:
  • Child, spouse, or parent
• Qualifying military exigency – 6 weeks in a 24-month period

What Is The Weekly Paid Benefit Under DE PFML?

In 2026 and 2027, the maximum weekly benefit is $900

DE PFML maximum weekly benefit annual updates may begin for the 2028 calendar year. The benefit calculation is like traditional short-term disability policies.

1. Calculate the employee’s average weekly wage (AWW)
   • All state earnings from the 52 weeks prior to leave divided by 52.
2. Calculate weekly benefit

Is DE PFML Job‑Protected?

Yes. DE PFML provides job protection once the employee has reached eligibility for state benefit payments. It should run concurrently with the Federal FMLA – Family & Medical Leave Act depending on employee eligibility of the federal program.

Which Employers Are Required To Provide DE PFML?

Private employers with 10 or more employees working in Delaware are covered under DE PFML and must provide benefits. The breakdown is based on the employer workforce size:

• 25+ Delaware workers must have full DE PFML coverage.
• 10-24 Delaware workers must have at least Paid Parental Leave benefits and may offer full coverage.

This requirement includes:

• Employees working in Delaware (not resident state)
• Remote workers whose work is based in Delaware
• Employees who do not work in Delaware or who qualify for a DE PFML waiver are not included in the workforce counts listed above.

It does not include businesses or workers:

• Federal government
• Small businesses with < 9 Delaware workers or any business with seasonal operation that shuts down for a month or more per year are exempt from this program. They can voluntarily offer it to their DE workers, which may be helpful if you have other workers in mandated states with similar benefits.

The DBL Center experts can assist with recognizing DE covered individuals to ensure quotes are accurate for private plan insurance.

How Much Does DE PFML Cost?

DE PFML Public Plan

• Contribution rates for DE PFML are published each fall
• Payroll is capped at the Social Security wage base published annually in October
• Contributions may be split 50/50 employer and employee‑paid via payroll deduction or the employer may fund on behalf of their state workers.

Private Plan Alternative

• Private plans are individually underwritten
• Payroll deductions may be used but cannot exceed the public plan cost for employees, meaning 50% of the private plan rate. Examples
  • State cost 0.80% split 50/50 with employee payroll deductions capped at 0.40%
  • Private plan cost 0.70% employee payroll deduction 0.35%

What Is A DE PFML Private Plan?

When Delaware employers register with the state, they are automatically enrolled in the DE PFML Public Plan.

However, employers may instead comply through a state‑approved private plan.

A DE PFML private plan may be either fully insured or self‑insured and must:

• Provide the same or better benefits as the public plan
• Offer equal rights and protections to employees
• Cost employees no more than the state plan payroll deduction

The DBL Center works with a network of approved private plan carriers that offer compliant and cost‑effective solutions.

What Are The Advantages Of A Private Plan?

Choosing a private plan may offer several advantages, including:

1. Potential cost savings
   • Plans are individually underwritten, similar to other insured employer benefits
   • Employers receive an exemption from contributing to the state PFML fund
2. Improved claims experience
   • Faster claims turnaround times
   • Direct access to dedicated claims professionals instead of call centers
3. Employer‑level absence reporting
   • Visibility into claim status and leave dates
   • Especially helpful for tracking intermittent leave

How Do I Apply For A Private Plan?

The DBL Center team supports both you and your clients throughout the entire private plan process.

Step 1: Request a Private Plan Quote
We compare private plan pricing, benefits, and service levels against the state public plan.

Required census details include:

• All Delaware employees
• Gender
• Employment status (full‑time or part‑time)
• Employee age
• Total Delaware wages (including overtime and bonuses)

Step 2: Select an Insurance Carrier

• A DE PFML Private plan policy will be issued.

Step 3: Apply for the State Exemption
Submit the private plan exemption application at State of Delaware - Sign In

• This is the same portal used for public plan administration
• The state will issue:
  • Approval confirmation
  • Contribution exemption effective date
• Private plan exemptions are renewed annually

• Best Practice – DE PFML private plans are effective the 1^st of the new quarter. Applying for your private plan needs time for your state to approve:

Why Choose DBL Center?

With 40 years of experience in state‑mandated disability and leave programs, the DBL Center is a trusted partner for navigating complex PFML requirements.

We provide:

• PFML expertise to support compliance as the state’s program matures.
• Strategic review of state mandated benefits
• Access to competitive, compliant private plan options
• Ongoing service and support beyond the initial sale
• Net Revenue Tracker enabling Broker access to their renewals, cancellations and book of business from anywhere.

Our goal is to deliver cost‑effective solutions with a seamless experience for both employers and employees.