Delaware Adopts Amended Paid Leave Regulations on the Eve of Program’s Launch

On December 1, 2025, Delaware published amended paid family medical leave (PFML) regulations that take effect on December 11, 2025. While the amendments are not extensive, they will significantly impact many employers set to comply with the new program on January 1, 2026. 

First, the amended regulations alter the definition of the “application year,” which is used to determine benefit entitlement. Previously, the application year mirrored the 12-month measurement periods allowed under the federal Family and Medical Leave Act (FMLA) for bonding, serious health condition, family care, and military exigency leave. Under the amended regulations, the application year for Delaware PFML is now defined as the 12-month period measured forward from the date the employee first uses any Delaware PFML leave. The new definition is applicable to employers that participate in the state program, as well as those that have private plans. 

For employers that do not use a rolling forward 12-month period for FMLA purposes, this amendment represents a significant change, resulting in a different 12-month period for FMLA and Delaware PFML. The late-stage timing of the changes is also challenging, as many employers have already drafted and published Delaware PFML policies in anticipation of the availability of benefits under the program on January 1, 2026. 

The amended regulations also modify the definition of “employee.” Individuals “primarily” reporting for work at a worksite in Delaware are generally considered employees covered under the program. Previously, coverage focused on where an employee physically worked. Now, the test focuses on where the employee earns wages. Under the new standard, an employee is considered to work primarily in Delaware if they earn at least 60% of their wages in Delaware each quarter. 

In addition, the amended regulations address the contributions that can be deducted from employee pay in certain circumstances. Delaware PFML provides benefits for different “lines of coverage” or leave reasons based on the number of employees an employer has in Delaware. Employers with 10-24 employees in Delaware are required to provide parental leave only but can voluntarily provide additional lines of coverage for medical, family caregiver, and qualifying exigency leave. The amended regulations prohibit employers that voluntarily provide additional lines of coverage from requiring employees to contribute toward those voluntarily-provided benefits. Employers electing to offer these additional lines of coverage must fully subsidize the premium cost.  

Finally, the amended regulations provide guidance for self-insured employers, particularly regarding requirements for claim reserve accounts, and modify information collected by the state. 

Employers should promptly review and update any Delaware PFML policies and procedures to ensure compliance with the amended regulations.