# Delaware HB 128: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. Delaware HB 128, AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM., is a 153rd General Assembly (2024–2026) House bill sponsored by Debra Heffernan (Democratic); status failed, last action 2025-07-30 (HS 1 for HB 128 - Signed by Governor); PRIA reads it as touching household money (as of 2026-10-12). - Canonical: https://policyrisk.com/state-bill/DE-HB128-153 - As of: 2026-10-12 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Delaware HB 128 - State: Delaware - Session: 153rd General Assembly (2024–2026) - Title: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. - Status: failed - Chamber: House - Introduced: 2025-04-17 - Last action: 2025-07-30, HS 1 for HB 128 - Signed by Governor - Sponsor: Debra Heffernan (Democratic) - Cosponsors: 1 - Touches household money: yes - Economic provisions PRIA read: 7 ## Summary No summary available. ## Bill overview: provisions PRIA read - Small-employer workers gain voluntary coverage protections: benefit, medium. 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: benefit, medium. 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… - Workers and employers advise paid leave officials: benefit, low. 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… - Employers get simpler private leave plan administration: benefit, low. 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 Departm… - Six-week medical and caregiving benefit cap: cost, high. 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. - Leave payments can reduce disability benefits: cost, low. 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 disabil… - Workers can pay into self-insured leave plans: cost, low. 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 and cosponsors - Sponsor: Debra Heffernan (Democratic), House - Cosponsor: Spiros Mantzavinos (Democratic), Senate ## Actions (12) - 2025-07-30: HS 1 for HB 128 - Signed by Governor (Governor) - 2025-06-30: HS 1 for HB 128 - Passed By Senate. Votes: 21 YES (Senate) - 2025-06-26: HS 1 for HB 128 - Reported Out of Committee (Finance) in Senate with 4 On Its Merits (Senate) - 2025-06-25: HS 1 for HB 128 - Assigned to Finance Committee in Senate (Senate) - 2025-06-25: HS 1 for HB 128 - Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 5 On Its Merits (Senate) - 2025-06-24: HS 1 for HB 128 - Assigned to Banking, Business, Insurance & Technology Committee in Senate (Senate) - 2025-06-24: HS 1 for HB 128 - Passed By House. Votes: 40 YES 1 VACANT (House) - 2025-06-20: Substituted in House by HS 1 for HB 128 (House) - 2025-06-10: Reported Out of Committee (Appropriations) in House with 1 Favorable, 5 On Its Merits (House) - 2025-05-06: Assigned to Appropriations Committee in House (House) - 2025-05-06: Reported Out of Committee (Labor) in House with 1 Favorable, 8 On Its Merits, 2 Unfavorable (House) - 2025-04-17: Introduced and Assigned to Labor Committee in House (House) ## Bill text - Current, 2025-04-17: [HTML](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142151&legislationTypeId=1&docTypeId=2) ## Related bills - HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITIONIST LICENSURE ACT. (passed house) - HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS. (signed) - SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS. (vetoed) - HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS. (vetoed) - SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS. (vetoed) - HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT. (failed) ## Sources - [Current (HTML)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142151&legislationTypeId=1&docTypeId=2) ## Related - [HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITI…](https://policyrisk.com/state-bill/DE-HS1FORHB449-153) - [HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO S…](https://policyrisk.com/state-bill/DE-HB357-153) - [SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATI…](https://policyrisk.com/state-bill/DE-SB279-153) - [HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLI…](https://policyrisk.com/state-bill/DE-HB393-153) - [SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS.](https://policyrisk.com/state-bill/DE-SB231-153) - [HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING…](https://policyrisk.com/state-bill/DE-HB356-153) - [Delaware bills](https://policyrisk.com/states/delaware/bills) - [Delaware state hub](https://policyrisk.com/states/delaware) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/DE-HB128-153 (as of 2026-10-12).