Delaware: Final Rules Adopted for PFML


All Employers with Employees in DE


February 14, 2024


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Quick Look

  • Delaware adopts final rules defining and regulating the Healthy Delaware Families Act and Family and Medical Leave Insurance Program.


The Delaware Department of Labor issued an order adopting the previously proposed rules for the Healthy Delaware Families Act and the state’s Family and Medical Leave Insurance Program. The order indicates that only non-substantive changes were made to the previously proposed rules, following a 30-day period held for public comment. Aside from non-substantive revisions, the previously proposed rules were largely adopted as part of the Final Rules (the Rules).  The changes are summarized below.

Under Section 1 of the Rules, the definition of “employee” was revised to clarify that the determination of whether an individual is an employee depends on whether they receive a W-2. Additionally, the definition of “family and medical leave benefits” was revised to clarify the circumstances when an individual is not entitled to family and medical leave benefits. This includes situations where an individual is receiving: (1) temporary disability benefits under the state’s Workers’ Compensation Act due to a workplace accident or injury; (2) personal injury protection benefits due to an injury from an automobile accident; or (3) state unemployment insurance benefits.

Subsections 10.2 and 10.3 were modified to reflect language consistent with the rest of the law. Specifically, references to “normal weekly salary” and/or “wages” were revised to reference “average weekly wage,” for consistency throughout.

Sections 11.6.1 and 11.6.2 were added to clarify that an employee’s notice requirement to an employer applies to intermittent as well as continuous leave. Under the law, if an employee is on intermittent leave for planned medical treatment for themselves or a family member with a serious health condition, the employee should provide the employer with as much advance notice as is reasonably possible prior to taking leave.  In situations where the need for leave is unplanned, the employee should notify the employer as soon as practicable, in the usual and customary manner employees notify the employer if they will be absent from work.

Additional minor revisions were made to correct statutory citations and to ensure consistency with revised definitions.

Action Items

  1. Review the final rules here.
  2. Update policies for compliance.
  3. Have appropriate personnel trained on paid time off procedures.


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