Paid family leave is coming to Delaware: What you need to know

On May 10, 2022, Governor Carney signed the Healthy Delaware Families Act (HDFA) into law. The statute is the result of significant negotiation and effort by all involved. Although it doesn’t become fully effective until 2026, the first deadlines will go into effect in 2023, so you should begin planning for compliance now. Here’s what you need to know to start thinking about how your company will adapt.

Covered entities

Recognizing that there are conflicting state programs in place, the Delaware General Assembly limited the impact of the HDFA to only businesses “who employ employees working anywhere in this state.” We have occasionally seen employees who live in Delaware but work elsewhere try to file claims under other state laws in Delaware courts, so this definition makes clear an individual must actually work in the state to be able to invoke the protections of the HDFA.

Beyond having employees in the state, a business must have at least 10 employees before it is subject to the HDFA’s paid parental leave provisions and 25 employees before it is subject to the family caregiving and medical leave provisions of the Act.