FMLA & PFML

Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:

• The birth of a child or placement of a child for adoption or foster care;

• To bond with a child (leave must be taken within one year of the child’s birth or placement);

• To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;

• For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;

• For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.

An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness.

An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.

Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.

While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave. Healthcare deductions must still be paid by the Employee while out.

Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.

An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.

An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. 

The employee must:

• Have worked for the employer for at least 12 months; AND

• Have at least 1,250 hours of service in the 12 months before taking leave;* AND

• Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite. 

Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures.

Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified.

Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.

1.  Employee notifies Employer of possible FMLA event. The Employer has 5 Business Days to send the following:

• Eligibility Notice

• Rights and Responsibility notice (poster)

• Medical Cert forms

2.  Employee has 15 Calendar Days to return the Medical Cert Forms

3.  Employer has 5 business days to send one of the following:

• Designation (with request for fitness for duty form if needed)

• A request for additional information

• Denial

 4.  If a request for Additional info was requested, the employee has 7 calendar days to return 

Delaware Paid Leave offers paid leave to eligible employees who have been employed for at least one year and worked at least 1,250 hours in that year. If their leave is approved, employees will get up to 80% of their wages (up to $900 per week) to cover the following:

• Care for a new child (up to 12 weeks per year)

• Address a personal serious health condition or injury (up to 6 weeks, every 24 months)

• Care for a family member with a serious health condition (up to 6 weeks, every 24 months)

• Address a personal serious health condition or injury (up to 6 weeks, every 24 months)

• Assist while loved ones are on overseas military deployment (up to 6 weeks, every 24 months)

• A maximum of 12 weeks of any type of paid family leave may be taken in a 12 month period. 

The program will be funded by less than 1% of an employee’s weekly salary, which will be deducted from paychecks beginning January 2026. 

January 1, 2026 – Employees can begin to submit claim applications for payment.

Find out more about the program and timeline: https://labor.delaware.gov/delaware-paid-leave-is-coming/