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DelawareHS 1 for HB 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

9 provisions identified: 4 benefits, 5 costs, 0 mixed.

Required leave coverage protects covered workers

Employers using Delaware’s state paid leave plan must provide every required type of coverage through that plan. A private-plan employer with fewer than 25 employees can choose coverage its size does not require. For that extra coverage, all program rules apply to the employer, and employees get protections, including appeal rights.

Workers keep saved vacation during leave

Employers cannot make covered workers use saved vacation or sick time before accessing Delaware paid leave benefits. Workers and employers can agree to use that saved time to add to leave payments. Neither side has to agree.

Workers’ leave payments resist creditor claims

Delaware paid leave benefits are protected from most creditor claims. Recipients cannot transfer their right to benefits or pledge those benefits as security for a debt. Child support attachments remain an exception.

Child support comes from leave payments

People filing a new paid leave claim must disclose whether they owe child support. For eligible claimants owing support enforced through an approved federal Title IV-D plan, the Department must notify the enforcing agency. It must withhold support and send it to that agency only when the agency arranges to repay related administrative costs. Withheld money counts as benefits paid to the claimant.

Unpaid leave debts face stronger collection

After a judgment remains unpaid, the Department can seize and sell property to collect program assessments, interest, or penalties. It can also garnish bank accounts, wages, and other money held or owed by others. Parties holding the debtor’s money must respond within 20 days. Knowing noncompliance can bring a penalty equal to the amount that should have been withheld. A written protest is allowed within 30 days after the proposed penalty notice is mailed.

Employers get simpler private leave administration

Employers can apply for private paid leave plan approval on a rolling basis. Approved plans can start January 1, April 1, July 1, or October 1; no decision deadline is set. Private-plan employers do not have to routinely send claim records to the Department of Labor. Records are still required for claims involved in an appeal, complaint, audit, or specific Department inquiry.

Paid leave participants must verify identity

The Department of Labor must require every paid family and medical leave participant to verify their identity. The law does not specify how participants must do this or change benefit amounts.

Workers can pay private leave contributions

Employers with approved self-insured private leave plans can collect contributions from covered employees starting on the law’s effective date. The law takes effect immediately. This authorization does not state a contribution rate or amount.

Workers’ disability payments can shrink during leave

Delaware paid leave benefits pay first when workers also have other income-replacement benefits available. Other benefits must follow their own policies or procedures for coordinating payments. Disability insurers can reduce payments by paid leave benefits only when the disability policy allows it. The law sets no reduction amount or formula.

Sponsors & Cosponsors

Sponsor

  • Debra Heffernan

    Democratic • House

Cosponsors

  • Spiros Mantzavinos

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

Senate vote • 6/30/2025

Passed (SM required)

Yes: 21 • No: 0

House vote • 6/24/2025

Passed (2/3 required)

Yes: 40 • No: 0

Actions Timeline

  1. Signed by Governor

    7/30/2025Governor

  2. Passed By Senate. Votes: 21 YES

    6/30/2025Senate

  3. Reported Out of Committee (Finance) in Senate with 4 On Its Merits

    6/26/2025Senate

  4. Assigned to Finance Committee in Senate

    6/25/2025Senate

  5. Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 5 On Its Merits

    6/25/2025Senate

  6. Assigned to Banking, Business, Insurance & Technology Committee in Senate

    6/24/2025Senate

  7. Passed By House. Votes: 40 YES 1 VACANT

    6/24/2025House

  8. was introduced and adopted in lieu of HB 128

    6/20/2025House

Bill Text

  • Current

    6/20/2025

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