Delaware Paid Family and
Medical Leave (DE PFML)
Delaware Paid Family and Medical Leave (DE PFML) provides wage replacement benefits 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 will offer fully insured and self-insured plans.
Benefit Overview
Mandated Coverage & Employee Eligibility
HintLeave Reason, Duration, Job Protection
HintCost of Coverage and Contributions
HintBenefit Payments
HintEmployers are required to offer DE PFML benefits as follows, depending on the number of employees working in Delaware:
- Employers with 25+ employees: PFL, PML, and PPL
- Employers with 10 – 24 employees: PPL only
- Small businesses can opt in and must participate for 3 years
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:
- address a personal serious health condition or injury (up to 6 weeks, every 2 years)
Parental Leave can be taken to:
- bond with a new child (up to 12 weeks per year)
Family Leave can be taken to:
- care for a child (up to 12 weeks per year)
- care for a family member with a serious health condition (up to 6 weeks, every 2 years)
- assist while loved ones are on overseas military deployment (up to 6 weeks, every 2 years)
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:
- Medical leave: 0.4% of wages for 2025 and 2026
- Parental leave: 0.32% of wages for 2025 and 2026
- Family leave: 0.08% of wages for 2025 and 2026
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.
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 52 weeks from date of their DE PFML claim.
- Minimum weekly benefit = $100
- Maximum weekly benefit = $900
Key Dates
- Deadline for employers to apply for a private plan and opt-out of the state’s program. Small employers can opt-in to the state’s program
- The fully insured private plan application deadline was extended to December 15.
Applying for a MetLife private plan
To obtain a quote from MetLife, you or your broker must send MetLife a census of your workforce. This can be from the file used to report your workforce to the state (minus any protected information) or, you can create a spreadsheet to identify your Delaware workforce, and should include the following:
- Your company’s full legal name, address, and SIC code.
- Total number of lives employed at your company
- Census of your Delaware eligible employees:
- Gender
- Employment status (full-time, part-time, or 1099 employees)
- Date of birth
- Hire date
- Total wages (salary/hourly wages, overtime, commissions, holiday pay, paid time off, vacation, sick time, etc.)
- Work zip code
MetLife will offer self-insured and fully insured DE PFML private plans.
Based on the information that is provided to MetLife in your census you will be issued a proposal.
If you accept the proposal MetLife will provide an application for coverage.
- If you have selected a fully insured plan, MetLife will issue a state approved DE PFML policy.
- If you choose to self-insure, you’ll need to work with your employment counsel to draft your DE PFML plan. The plan that you draft will then need to be submitted to the state for approval.
To obtain a private plan exemption from the state, you need to submit a private plan application and self-insurance documentation, if applicable, through the Delaware LaborFirst website.
You’ll need the following to register with LaborFirst:
- Legal business name
- Trade, fictitious, or assumed name if different from legal business name (i.e. DBA or doing business as)
- Federal Employer Identification Number (FEIN)
- Physical address of business
- Mailing address of business
- Additional business location addresses in Delaware (if applicable)
- Business type (corporation, sole proprietor, LLC)
- State and date of incorporation (if applicable)
- Primary business activity performed
- Owner/Officer name(s), Social Security Number(s), date(s) of birth and personal address(es)
Fully insured plan applications must also include your MetLife policy.
For self-insured plan applications, you are responsible for drafting your plan with your employment counsel. Please refer to the state’s website for more information including surety, bond, and other requirements.
Once you have completed your registration you can proceed to the private plan application. Step by step instructions are in the Delaware LaborFirst User manual.
Please note: The private plan application submission deadline is December 1, 2024. Failure to file by December 1, 2024 means you will be 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. The application deadline for fully insured plans has been extended to December 15, 2024.
You will be notified of the private plan application decision via your account in Delaware LaborFirst. Once you receive your approval, please provide MetLife with a copy. You will be exempt from paying into the state’s DE PFML fund.
You can find notice of employee rights on the state’s website, or MetLife will provide you with a notice of employee rights that you must distribute to all eligible employees informing them of their new DE PFML program. This must take place at least 30 days prior to January 1, 2025, or the start of contributions.
You should also distribute the notice of employee rights:
- New employees are first hired
- When an employee requests a leave
- When you believe the employee might qualify for PFML due to an event in their life which might trigger one of the four types of coverage
Reporting Requirements
As a private plan employer, you will be responsible for submitting quarterly wage and hours reports to the state through Delaware LaborFirst.
Reporting will begin in 2027. Directions from the state on reporting parameters and requirements for insured customers are under development. Self-insured employers and employers with an approved Grandfathered plan will be responsible for submitting these reports to the state.
Renewing your MetLife private plan
Your MetLife plan will renew automatically on its anniversary date. Annually, the state releases updates to employee contribution rates, and adjustments to the Social Security wage cap will be made. If you collect contributions from your employees, you must adjust the payroll deductions accordingly.
Renewing your private plan with Delaware
If you have an approved private plan you will need to renew by the expiration date. Directions from the state are still to be determined.
Need more information?
As of November 26, 2024