DelawareHB 128153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

Sponsored By: Debra Heffernan (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Limits on paid leave time for workers

The law caps paid family and medical leave at 12 weeks in one application year. It limits medical and family caregiving leave to 6 weeks in any 24-month period. Except for parental leave or as allowed by § 3706, you can receive benefits only once in a 12-month period. If your leave also qualifies under federal FMLA, it runs at the same time and not in addition.

State paid leave coordinates with other benefits

The state program pays first. Your employer can require state paid leave to run at the same time as disability or family care leave in a company policy or union contract, but must give you written notice. Disability insurance may reduce its payments by your state paid leave, based on the policy.

Rules for employer private paid leave plans

Employers can apply for private-plan approval any time; approved plans start January 1, April 1, July 1, or October 1. An approved private plan must offer the same maximum weeks of covered leave the law allows. Employers with approved self‑insured plans may collect employee payroll contributions starting on the law’s effective date; the law does not set the rates. Employers using approved private plans do not have to send claim documents to the Department unless a claim is appealed, audited, or the Department asks. If a small employer with fewer than 25 employees chooses extra coverage, all program rules and employee rights apply as if covered.

New paid leave advisory committee

The Secretary creates a nine-member paid leave advisory committee: one Paid Leave Division representative as chair, four employee reps, and four employer reps, including at least one from small employers. Members serve two-year terms and the Secretary fills vacancies for the rest of a term. The committee advises on implementation, rules, and finances. Staff meet with the committee at least monthly through December 31, 2028, and at least quarterly starting January 1, 2029.

Sponsors & Cosponsors

Sponsor

Debra Heffernan
Democratic • House

Cosponsors

Spiros Mantzavinos
Democratic • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

HS 1 for HB 128 - Signed by Governor
7/30/2025Governor
HS 1 for HB 128 - Passed By Senate. Votes: 21 YES
6/30/2025Senate
HS 1 for HB 128 - Reported Out of Committee (Finance) in Senate with 4 On Its Merits
6/26/2025Senate
HS 1 for HB 128 - Assigned to Finance Committee in Senate
6/25/2025Senate
HS 1 for HB 128 - Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 5 On Its Merits
6/25/2025Senate
HS 1 for HB 128 - Assigned to Banking, Business, Insurance & Technology Committee in Senate
6/24/2025Senate
HS 1 for HB 128 - Passed By House. Votes: 40 YES 1 VACANT
6/24/2025House
Substituted in House by HS 1 for HB 128
6/20/2025House
Reported Out of Committee (Appropriations) in House with 1 Favorable, 5 On Its Merits
6/10/2025House
Assigned to Appropriations Committee in House
5/6/2025House
Reported Out of Committee (Labor) in House with 1 Favorable, 8 On Its Merits, 2 Unfavorable
5/6/2025House
Introduced and Assigned to Labor Committee in House
4/17/2025House

Bill Text

Current
4/17/2025
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