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Delaware Paid Leave benefits begin — first claims payable in 2026

Posted 1/8/2026

Effective 1/1/2026

Delaware employers have been contributing since 2025; as of January 1, 2026 employees can actually file and receive Delaware Paid Leave benefits for parental, family caregiving and medical leave.

What changed Delaware's Family and Medical Leave Insurance program (Delaware Paid Leave) moved from the contribution phase into the benefit phase. Contributions started in January 2025; benefit payments start with leave taken on or after January 1, 2026. Who it applies to Employers with 10 or more Delaware employees owe parental leave coverage. Employers with 25 or more owe the full set: parental, family caregiving, and medical leave. Smaller employers may opt in. What employees get Up to 12 weeks of parental leave per year, and up to 6 weeks in a 24-month period for family caregiving or the employee's own serious health condition, with wage replacement capped by statute. What HR needs to do - Make sure your claims intake process is documented — employees will now be filing through the state, and HR must respond to state verification requests promptly. - Coordinate Delaware Paid Leave with FMLA (they run concurrently when both apply) and with any company disability plan. - Re-check your private plan election if you chose one; private plans must remain at least as generous as the state program. - Confirm the required notice is posted and included in onboarding materials.
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HRISHQ summarizes legal developments for HR practitioners. It is not legal advice — confirm specifics with counsel before acting.