Effective January 1, 2026, employers with 10 or more employees are required to provide Paid Family and Medical Leave to their employees who work in the state of Delaware. The DE PFML program is designed to provide employees with the financial support they need during critical life events, such as the birth or adoption of a child, serious illness, or caring for a family member with a serious health condition.

Coverage options: Employers can meet their PFML obligation through a state-run program or by offering a private plan.

Sun Life Solutions: Sun Life offers solutions to meet your PFML needs, including the choice of a fully insured plan or a self-insured plan option.

Employers who choose private plan administration through Sun Life receive:

  • A coordinated experience between PFML, Short-Term Disability and Absence Management Solutions, if applicable. This leads to a better experience for employees, with one claim submission and a single case manager handling the claim for these benefits
  • Robust reporting
  • Excellent claims management and access to return to work services
  • Compliance guidance on PFML and other leave updates

Key dates

  • September 1, 2024 to December 1, 2024 Period of time for employers to Opt-In or Opt-Out to use a private plan
  • January 1, 2025 – Employers who do not have an approved private plan exemption start collecting employee contributions (if desired)
  • April 30, 2025 – First due date for PFML contributions to the state
  • January 1, 2026 – Benefits begin

Frequently asked questions

Yes, Sun Life intends to offer both fully insured and self-insured private plan administration for employers.

Yes. While the DE PFML law creates certain paid benefits for leave because of an employee’s own health condition the DE PFML law is not intended to replace benefits provided by employers through Short-Term Disability (STD) plans and programs. It is important to know that cancelling STD benefits could leave your employees with a gap in coverage:

  1. Low max benefit amount. The DE PFML max weekly benefit may be insufficient for high-income earners who require greater income replacement.
  2. Combined time limit for multiple leave reasons. If an employee takes 12 weeks of parental leave in a 12-month period, the employee will be left without income replacement for their own serious health condition in the same timeframe.
  3. Short duration. DE PFML only provides 6 weeks of medical leave in a 24-month period. This could leave a large gap of uncovered time for an employee with a longer duration or multiple occurrences.
  4. STD may offer additional features and benefits. STD policies may include employee-facing features that improve their experience: survivor benefits, and most importantly, return-to-work and vocational rehabilitation programs. Employees can only access these features if they are approved for STD benefits.

Employers may seek approval to meet their obligations of the DE PFML law through a private plan. If approved, the employer will not be required to submit contribution payments to the state. Further instructions on how to register and apply for a private plan will be made available on the Delaware Department of Labor website and Delaware LaborFirst portal starting 9/1/24.

If the private plan is in the form of:

  • Self-insurance – the employer must furnish a surety bond running to the state
  • Fully insured – the policy must be approved by the insurance commissioner and be issued by an approved insurer.

Program highlights

Plan Name

Paid Family and Medical Leave (PFML)

Year benefits begin

January 1, 2026 (Contributions begin January 1, 2025)

Coverage options

Private plan, State plan

Types of private plans allowed

Fully Insured, Self-Insured (Sun Life offers administrative support for both)

Employers covered

All employers with 10 or more employees working in the state during the previous 12 months.
  • Employers with 10-24 DE employees must provide paid parental leave
  • Employers with 25+ DE employees must provide paid leave for parental, family caregiving and an employee’s own serious health condition

Employee eligibility requirements

While working in DE for a covered employer, the Employee
  • Must have been employed by the employer for at least 12 months; and
  • Have worked at least 1,250 hours in the 12-month period prior to their leave

Elimination period

0 days

Reasons for leave

  • Employee’s own serious health condition
  • Parental Leave (birth, adoption, and foster-care placement)
  • Care of a family member with a serious health condition
  • Qualifying military exigency as defined in the FMLA

Benefit duration    

The benefit duration depends on the leave reason.
  • The maximum number of weeks available for parental leave is 12 weeks per application year
  • The maximum number of weeks of leave for either family caregiving, qualifying exigency, and medical leave is 6 weeks per any 24-month period
  • There is a combined maximum of 12 weeks per application year

Benefit calculation

80% of the covered individual’s average weekly wages rounded up to the nearest dollar during the 12 months prior to the application for leave

Maximum weekly benefit

$900 through December 31, 2027

Minimum weekly benefit

$100

Social Security wage cap

2025: $176,100

State rate

2025 & 2026:
  • Employers with 25+ employees: 0.8% of wages up to the Social Security wage cap (0.32% Parental Leave, 0.08% Family Caregiving, 0.4% Medical Leave)
  • Employers with 10-24 employees: 0.32% Parental Leave only

Maximum employee contributions

50% of the state rate on wages up to the Social Security wage cap

The employer may elect to pay all or any portion of the employee’s share of contributions

Employer contributions

50% of the state rate to the Social Security wage cap

State resource

Delaware Department of Labor

Sun Life is committed to assisting you in complying with the requirements of the PFML law and with providing valuable employee benefits to your employees. We also offer leave and accommodation services. Please reach out to us and we will evaluate your benefit plans and compliance needs from a holistic perspective and provide guidance and services to meet your and your employees’ needs.

Questions?

Contact your Sun Life Employee Benefits Representative or your benefits broker to learn more.

The information on this page is based on our knowledge of the current PFML law and regulations. Content subject to change. This page is not intended to be and should not be construed as legal advice. Employers are encouraged to consult employment law counsel for legal advice. 

When available, Sun Life’s DE PFML policies will be issued by Sun Life Assurance Company of Canada (SLOC) (Wellesley Hills, MA). When available, Sun Life’s self-insured or administrative-services-only DE PFML service will be administered by Sun Life Assurance Company of Canada (Wellesley Hills, MA). This service is not insurance.

© 2024 Sun Life Assurance Company of Canada, Wellesley Hills, MA 02481. All rights reserved. The Sun Life name and logo are registered trademarks of Sun Life Assurance Company of Canada. Visit us at www.sunlife.com/us

PFMLWC-2197 #1489642322 09/24 (exp. 09/26)