Delaware Updates Paid Family Medical Leave Regulations
on December 1, 2025, Delaware released updated regulations for its Paid Family Medical Leave (PFML) program, effective December 11, 2025. These changes, while not extensive, are vital for employers preparing for the program’s launch on January 1, 2026.
Key changes include:
* Submission Year definition: The definition of the “application year” – the 12-month period used to determine benefit eligibility - has been revised. It now begins from the date an employee first uses Delaware PFML leave, nonetheless of an employer’s FMLA measurement period.This coudl create differing 12-month periods for FMLA and Delaware PFML, especially for employers not using a rolling 12-month FMLA period.
* Employee Definition: Coverage is now resolute by where an employee earns wages, rather then where they physically work. An employee is considered to work primarily in Delaware if they earn at least 60% of their wages within the state each quarter.
* Voluntary Benefit Contributions: employers who voluntarily offer additional PFML coverage lines (medical, family caregiver, and qualifying exigency leave) to companies with 10-24 Delaware employees must fully subsidize the cost of these benefits and cannot require employee contributions.
* Self-Insured Employer Guidance: The regulations provide further guidance for self-insured employers, specifically regarding claim reserve account requirements.
* Data Collection Updates: The state has modified the information it collects related to the PFML program.
Employers should review and update their Delaware PFML policies and procedures to ensure compliance with these amended regulations.
