Delaware Paid Family and Medical Leave (DE PFML) provides wage replacement benefits and leave to eligible employees who need time off from work for qualifying reasons. Employees may be eligible if they are unable to work due to injury or illness, including pregnancy and childbirth (PML), for paid parental leave (PPL) to bond with a new child, or for paid family leave (PFL) to care for a family member with a serious health condition and to address a military exigency.
Employers can participate in the state-run program, Delaware Paid Leave, or they can self-insure or fully insure a private plan.
MetLife can provide fully insured coverage for Delaware Paid Family and Medical Leave that helps support an employer's private plan. MetLife can also provide administrative services related to an employer’s self-insured private plan. MetLife’s insurance offering and administration of an employer’s private plan complies with the regulatory requirements of the Delaware Paid Family and Medical Leave law.
Employers are required to offer DE PFML benefits as follows, depending on the number of employees working in Delaware:
Employers may also offer benefits to certain employees working outside of Delaware.
Employers are required to offer DE PFML benefits through the state-run program, or through a fully insured or self-insured private plan.
Employees are eligible if they work at least 60% of their time in Delaware, worked at least 12 months, and worked at least 1,250 hours.
Employees can receive part of their pay and may also be eligible for job protection if they need to take time off for certain reasons. Job protection may also be provided through other federal or state laws such as the federal Family and Medical Leave Act (FMLA).
Medical Leave can be taken to:
Parental Leave can be taken to:
Family Leave can be taken to:
Limitations may apply if two parents work for the same employer.
Beginning January 1, 2025, the total contribution for the state-run program is 0.8% of an employee’s taxable wages. The contributions are broken down by leave type as follows:
The employee's maximum contribution is 50% of the total contribution, or $704.40. In 2025, Delaware’s employee taxable wage base is determined by the Social Security taxable maximum, or $176,100. Employers may also choose to fund the benefit on behalf of their employees.
MetLife can provide claim administration for self-insured private plans. Employers are allowed to collect payroll contributions up to the state’s maximums and use the funds to pay benefits. Service fees paid to support the operating costs for state approved self-insured plans are the employer’s responsibility.
Please visit the state program’s website for the latest state rates and additional state plan information.
The benefit amount an employee can receive depends on how much money they make weekly compared to others in Delaware.
The maximum weekly benefit is 80% of an employee’s pre-tax average weekly wage (AWW) over the last 12 months from date of their DE PFML claim.
MetLife’s customers are responsible for obtaining and maintaining approval of their PFML private plan, voluntary plan, and/or equivalent plan with each appropriate agency and in accordance with applicable law, rules, regulations, and guidance. You should consult with your attorney about the requirements for obtaining and maintaining such approval.
MetLife can provide fully insured coverage for Delaware Paid Family and Medical Leave that helps support an employer's private plan. MetLife can also provide administrative services related to an employer's self-insured private plan. MetLife's insurance offering and administration of an employer's private plan complies with the regulatory requirements of the Delaware Paid Family and Medical Leave law.
To obtain a quote from MetLife, you or your broker must create a census of your eligible Delaware workforce and send it to MetLife. This census template was developed for your convenience.
Based on the information that is provided to MetLife in your census you will be issued a quote.
If fully insured, MetLife will issue a state approved DE PFML policy.
If self-insured, MetLife will issue an Administrative Services Agreement (ASA) and employers will need to work with their own employment counsel to define their DE PFML plan to submit to the state for approval.
Employers are responsible for registering with the state for each of their FEINs.
Employers must register with the Delaware Division of Paid Leave's LaborFirst Portal. The following information is needed for registration:
Once you have completed your registration you can proceed to the private plan application. Step by step instructions are in the Delaware LaborFirst User Guide.
Not applicable
Employers are responsible for applying for their private plan. Private plans require an application with and approval by the state for each FEIN.
The private plan application deadline was December 1, 2024. If you didn't apply by December 1, 2024, you were automatically opted into the state DE PFML plan and you’ll have to wait until the next private plan application window which re-opens on October 1, 2025.
To apply for a fully insured DE PFML private plan, you will need to submit an application via the LaborFirst Portal. Step by step instructions are available in the Delaware LaborFirst User Guide. You will need to upload your MetLife policy and provide the policy number.
You must work with your own employment counsel to define your self-insured plan.
You will need to submit your application to the state for approval via the LaborFirst Portal. Step by step instructions are available in the Delaware LaborFirst User Guide. You will need to upload documentation of a surety bond, proof of a pre-funded bank account, and self-insured plan documentation.
Not applicable
You will be notified of the private plan application decision via your account in Delaware LaborFirst. Please send your MetLife representative a copy of your state approved plan.
Applications for a private plan may be submitted on a rolling basis for effective dates of January 1, April 1, July 1, or October 1
For 1/1/26 plan effective dates, applications must be submitted between October 1 and December 1, 2025.
Employers are required to provide written notice to all employees about DE PFML benefits and their employee rights. Employers are required to display and maintain a poster in a conspicuous place that is accessible to employees in English, Spanish, and any language that is the first language spoken by at least 5% of the employer's workforce.
Employers should also distribute a notice of employee rights:
Employers can find a notice of employee rights on the state’s website, or MetLife can provide a notice of employee rights. Employers are also required to provide notice to employees of coordination policies for PFML benefits and other leave and benefits.
When MetLife policies renew, and when state and or federal changes impact contribution rates, employers may need to consider how it impacts employee contributions, if applicable. MetLife policy renewal and state and or federal changes may not happen at the same time. If an employer collects contributions from employees, employers must adjust payroll deductions accordingly. Please review the "What's New" page on this site for details.
The state requires annual reporting for DE insured private plans, self-insured plans, and plans approved for grandfathering. Reporting is expected to begin in 2027. Details are still under development with the state.
Employers will be responsible for submitting quarterly wage and hour reports to the state through the Delaware LaborFirst portal.
Details pending state guidance.
Details pending state guidance.
Details pending state guidance.
MetLife will reach out to employers to verify and or provide missing information and documentation, as needed.
Step 1: An employee needs to give their employer 30 days’ notice in advance of any foreseeable leave.
Step 2: An employee will need to apply for PFML benefits via web, phone, and/or paper claim submission.
Step 3: MetLife will coordinate employer verifications and approvals similar to other MetLife coverages.
Step 4: If approved, the claimant will receive a letter with their entitlement details. If denied, the claimant will be provided with instructions for claim appeals.
Proof to support an employee’s leave may be required before the claim decision can be made.
Employees may be eligible for more than one leave.
DE PFML benefits and the federal Family & Medical Leave Act (FMLA) benefits can be used at the same time and should be used at the same time, when applicable.
Employers may require the use of unused accrued paid time off (PTO) before accessing family and medical leave benefits. If the employee is not required to exhaust all their PTO, the use of accrued PTO can count toward the total length of leave under DE PFML.
An employee cannot receive more than 100% of their weekly wages if on DE PFML and other paid benefits.
An employer can require DE PFML payments run concurrently for similar benefits under a collective bargaining agreement or employer policy. The employer must give employees written notice of this requirement.
MetLife’s claims team will reach out to the employer to coordinate dates of the company leave that directly overlap with the state leave.
MetLife representatives can help review employer paid benefits that may overlap with the state leave. They can help document overlaps and preferred contact and action when the overlap happens.
Note: There may be additional leaves that MetLife does not administer. Employers may be responsible for providing additional leaves for their employees. Employers should consult their own employment attorneys to identify changes to their other employer-sponsored paid and unpaid leave plans.
A parent, a child, or a spouse.
As of August 15, 2025