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FMLA: Delaware

This guide provides an in‑depth review of Delaware family and medical leave requirements, including paid family and medical leave under the Healthy Delaware Families Act and related employer obligations.

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by Susan A. P. Woodhouse, Littler

Summary

This guide provides an in-depth review of Delaware family and medical leave requirements, including paid family and medical leave under the Healthy Delaware Families Act, and an overview of leave as a pregnancy accommodation.

In this guide, learn about:

  • Family and medical leave
    • Same-sex marriage
  • Paid family and medical leave
    • Covered employers
    • Employee eligibility
    • Qualifying reasons for leave
    • Duration of leave
    • Intermittent and reduced leave schedule
    • Benefit amounts
    • Ineligibility for benefits
    • Employee notice requirements
    • Certification requirements
    • Application for benefits
    • Employer notice and posting requirements
    • Reinstatement
    • Prohibited actions
    • Waivers
    • Plan options
    • Interaction with other laws and policies
    • Enforcement and penalties
  • Pregnancy leave and accommodation
  • Interaction of leave laws
  • Future developments

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Jurisdiction: Delaware

Latest updates

Updated to reflect paid family and medical leave access to benefits and anti-retaliation protections, effective January 1, 2026.

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