Leave policy guide

Delaware

Complete guide to Delaware leave laws including the upcoming Healthy Delaware Families Act paid family leave program. Updated 2025.

0

Annual leave

13

Public holidays

state

Location type

2025-01-15

Reviewed

Legal framework

Primary legislation

Healthy Delaware Families Act

Governing body

Delaware Department of Labor

Last updated

2025-01-01

Official source

Entitlements overview

Annual leave

Statutory entitlement: 0

Calculation: No statutory vacation requirement

Pro-rata: Per employer policy

Carryover: Per employer policy

Sick leave

Statutory: No

Paid days: Varies

Statutory pay: Varies

Eligibility: No state-mandated sick leave currently

Parental leave

Maternity: 12 weeks (FMLA); 12 weeks paid (starting 2026)

Paternity: 12 weeks (starting 2026)

Adoption: 12 weeks

Shared leave: Each parent gets own entitlement

Additional leave and compliance

Other leave types

Jury Duty: As needed (unpaid)

Voting Time: Not specified (unpaid)

Domestic Violence Leave: Reasonable time (unpaid)

Record keeping and notice

Records: Maintain FMLA records, Track employee eligibility, Document leave requests

Employer notice: FMLA notice requirements

Employee notice: 30 days for foreseeable leave

Penalties: FMLA violations subject to federal penalties

Public holiday sample

New Year's Day: 2025-01-01

Martin Luther King Jr. Day: 2025-01-20

Presidents' Day: 2025-02-17

Good Friday: 2025-04-18

Memorial Day: 2025-05-26

Juneteenth: 2025-06-19

Frequently asked questions

Does Delaware have paid family leave?

Yes, the Healthy Delaware Families Act was passed and will provide up to 12 weeks of paid family and medical leave. Employer contributions start in 2025, with benefits available starting in 2026.

How will Delaware paid leave work?

Starting in 2026, eligible employees can receive up to 80% of their wages for up to 12 weeks for bonding, family care, or their own serious health condition.

Does Delaware require paid sick leave?

No, Delaware does not currently have a state-mandated paid sick leave law.