# Delaware HS 1 for HB 128: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

Delaware HS 1 for 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 signed, last action 2025-07-30 (Signed by Governor); PRIA reads it as touching household money (as of 2026-10-12).

- Canonical: https://policyrisk.com/state-bill/DE-HS1FORHB128-153
- As of: 2026-10-12
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Delaware HS 1 for 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: signed
- Chamber: House
- Introduced: 2025-06-20
- Last action: 2025-07-30, Signed by Governor
- Sponsor: Debra Heffernan (Democratic)
- Cosponsors: 1
- Touches household money: yes
- Roll calls: 2 (61 yes, 0 no in all)
- Economic provisions PRIA read: 9

## Summary

No summary available.

## Bill overview: provisions PRIA read

- Required leave coverage protects covered workers: benefit, medium. 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 pr…
- Workers keep saved vacation during leave: benefit, medium. 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: benefit, medium. 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.
- Employers get simpler private leave administration: benefit, low. 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…
- Child support comes from leave payments: cost, medium. 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 arr…
- Unpaid leave debts face stronger collection: cost, medium. 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…
- Paid leave participants must verify identity: cost, low. 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: cost, low. 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: cost, low. 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.…

## Sponsors and cosponsors

- Sponsor: Debra Heffernan (Democratic), House
- Cosponsor: Spiros Mantzavinos (Democratic), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2025-06-30 | Senate | Passed (SM required) | pass | 21 | 0 |   |
| 2025-06-24 | House | Passed (2/3 required) | pass | 40 | 0 |   |

## Actions (8)

- 2025-07-30: Signed by Governor (Governor)
- 2025-06-30: Passed By Senate. Votes: 21 YES (Senate)
- 2025-06-26: Reported Out of Committee (Finance) in Senate with 4 On Its Merits (Senate)
- 2025-06-25: Assigned to Finance Committee in Senate (Senate)
- 2025-06-25: Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 5 On Its Merits (Senate)
- 2025-06-24: Assigned to Banking, Business, Insurance & Technology Committee in Senate (Senate)
- 2025-06-24: Passed By House. Votes: 40 YES 1 VACANT (House)
- 2025-06-20: was introduced and adopted in lieu of HB 128 (House)

## Bill text

- Current, 2025-06-20: [HTML](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=142589&legislationTypeId=6&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=142589&legislationTypeId=6&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)
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Source: PRIA, https://policyrisk.com/state-bill/DE-HS1FORHB128-153 (as of 2026-10-12).
