PRIA Logo™
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)

Failed

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

7 provisions identified: 4 benefits, 3 costs, 0 mixed.

Six-week medical and caregiving benefit cap

Covered workers can receive up to 12 weeks of family and medical leave benefits in an application year. Within that total, medical and family caregiving benefits covered by these rules have a combined six-week cap.

Small-employer workers gain voluntary coverage protections

Private-plan employers with fewer than 25 employees can voluntarily offer leave coverage their size does not require. When they do, all provisions of Delaware's paid leave law apply to that coverage. Employees have the right to appeal.

Workers can qualify for leave more often

Covered workers can qualify for non-parental benefits no more than once every 12 months, replacing the earlier 24-month interval. Parental leave is exempt from this timing limit, and exceptions under Delaware Code § 3706 remain available. Private plans must allow the maximum covered leave required by law in a benefit year or 12-month period.

Workers and employers advise paid leave officials

The law creates a nine-member Paid Leave Advisory Committee appointed by the Secretary. It includes four employee representatives, four employer representatives, and a Delaware Paid Leave Division representative who chairs it. At least one employer representative must represent employers with fewer than 25 employees. Members serve two-year terms and can be reappointed. The committee advises on program rollout, administration, rules, finances, and proposed law and rule changes. Department staff must consult it at least monthly through December 31, 2028, then quarterly beginning January 1, 2029.

Employers get simpler private leave plan administration

Employers can apply for approval to meet their paid leave duties through a private plan. The Department must accept applications on a rolling basis. Approved plans can start January 1, April 1, July 1, or October 1. Private-plan employers do not have to routinely send claim documents to the Department. They must provide them for an appeal, complaint, audit, or specific Department inquiry.

Leave payments can reduce disability benefits

Delaware's paid leave program is the primary payer; other paid leave payments are coordinated under their policy or procedure terms. Disability insurance benefits can be reduced by paid leave benefits only when the disability policy allows it. Employers can require payment coordination with disability or family care leave under an employer policy or union agreement. Employers must give written notice of that requirement. Covered leave that also qualifies under the federal Family and Medical Leave Act counts toward both programs at the same time.

Workers can pay into self-insured leave plans

Employers with approved self-insured private leave plans can collect employee contributions beginning on the act's effective date. This provision does not specify a contribution amount or rate.

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

  1. HS 1 for HB 128 - Signed by Governor

    7/30/2025Governor

  2. HS 1 for HB 128 - Passed By Senate. Votes: 21 YES

    6/30/2025Senate

  3. HS 1 for HB 128 - Reported Out of Committee (Finance) in Senate with 4 On Its Merits

    6/26/2025Senate

  4. HS 1 for HB 128 - Assigned to Finance Committee in Senate

    6/25/2025Senate

  5. HS 1 for HB 128 - Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 5 On Its Merits

    6/25/2025Senate

  6. HS 1 for HB 128 - Assigned to Banking, Business, Insurance & Technology Committee in Senate

    6/24/2025Senate

  7. HS 1 for HB 128 - Passed By House. Votes: 40 YES 1 VACANT

    6/24/2025House

  8. Substituted in House by HS 1 for HB 128

    6/20/2025House

  9. Reported Out of Committee (Appropriations) in House with 1 Favorable, 5 On Its Merits

    6/10/2025House

  10. Assigned to Appropriations Committee in House

    5/6/2025House

  11. Reported Out of Committee (Labor) in House with 1 Favorable, 8 On Its Merits, 2 Unfavorable

    5/6/2025House

  12. Introduced and Assigned to Labor Committee in House

    4/17/2025House

Bill Text

  • Current

    4/17/2025

    HTML

Related Bills

Back to State Legislation