On July 30, 2025, the state of Delaware enacted HB 128, amending the Healthy Delaware Families Act, which governs the state’s Paid Family and Medical Leave Insurance Program. The amendment prohibits employers from requiring employees to use accrued paid time off before accessing PFMLA. In addition, employees applying for paid family leave benefits must disclose any outstanding child support obligations to the Delaware Department of Labor. Employers must also coordinate other available benefits with PFMLA payments according to the terms of the applicable policies. Employers with approved private plans are also no longer required to submit claim documentation to the state unless the claim is subject to an appeal, complaint, audit, or specific inquiry.
These amendments take effect immediately, and employers preparing for the rollout of the Delaware Paid Family and Medical Leave Insurance Program in January 2026 should update their leave policies and procedures as necessary to reflect the new changes.
Read more on Delaware’s HB 128: Family and Medical Leave Insurance Program Amendments.