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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

7 provisions identified: 1 benefits, 3 costs, 3 mixed.

Law takes effect now; committee timing set

The law is effective now and is implemented immediately. The Paid Leave Advisory Committee may begin meeting only after the Registrar posts that the Delaware LaborFirst system is fully working and its steering committee is dissolved. The Secretary of Labor must also notify the Registrar that this condition is met.

Employee contributions allowed in private plans

If your employer has an approved self‑insured private paid leave plan, the employer may collect contributions from employees. This starts when the law takes effect and only applies if the private plan is approved. The law does not set the contribution amounts.

Stronger collection and garnishment for debts

If you owe a judged assessment, interest, or penalty and do not pay, the Department can collect by levy and sale of property, or by garnishing bank accounts and wages. Anyone who gets a garnishment notice has 20 days to respond. A garnishee who knowingly fails to comply can owe a penalty equal to the required amount. You may protest an assessment within 30 days and ask for a hearing. Employers’ property is not exempt when they owe tax assessments to the Department.

How state paid leave works with others

The state paid family and medical leave program pays first. If your leave also qualifies under the federal Family and Medical Leave Act, both run at the same time. Your employer can require state paid leave to run at the same time as disability or union leave, with written notice. Disability insurance may be reduced by state paid leave under the disability policy. Your employer may make you use some vacation or sick time first, but cannot force you to use all of it; you can agree to use paid time off to add to your paid leave, and that time can count toward your total leave length.

Employers can use approved private plans

Employers may apply to meet paid leave duties with an approved private plan. The plan must allow the full weeks of leave the law requires. Approved plans can start on January 1, April 1, July 1, or October 1. Employers with a private plan do not send claim paperwork to the state unless there is an appeal, complaint, audit, or the Department asks. If a small employer (fewer than 25 workers) chooses to offer extra covered reasons, it must follow all program rules and employees get full appeal rights.

You must verify identity for benefits

The Department requires every paid leave participant to verify their identity. The law does not specify the method. Be prepared to provide proof when you apply or claim benefits.

Child support withheld; other creditors blocked

When you file a new paid leave claim, you must say if you owe child support. If you do, the Department tells the child support agency, takes the owed amount from your leave pay, and sends it to that agency. This applies only if the support is enforced under an HHS‑approved IV‑D plan and the agency agrees to repay the Department’s admin costs. Your paid leave checks are protected from other creditors and cannot be assigned. The only allowed attachment is for child support as described.

Sponsors & Cosponsors

Sponsor

  • Debra Heffernan

    Democratic • House

Cosponsors

  • Spiros Mantzavinos

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

Senate vote • 7/1/2025

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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