Delaware Paid Leave Exemption Process

Learn how to apply for Delaware Paid Leave Exempt status via the agency's online portal

Delaware's Paid Leave Exemption Portal is open until December 31, 2023

Effective January 1, 2025, contributions to the new Delaware Paid Leave program begin. Employees can then start to submit claim applications for payment on January 1, 2026. Participation in the new program is mandatory for employers with ten or more employees. Delaware Paid Leave offers paid leave to employees employed for at least one year and at least 1,250 hours with a single employer. 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 
  • Care for a family member with a serious health condition 
  • Address a personal serious health condition or injury
  • Assist while love ones are on overseas military deployment

What if my business already provides Paid Family Leave?

Starting October 1, 2023, Delaware opened the portal to allow employers to Grandfather existing paid time off benefits or reduce their employees’ Parental Leave duration. Employers that offer a private paid leave benefit that is comparable to Delaware Paid Leave can apply to opt out of the program. To qualify for grandfathering, your benefit program must:

  • Be in writing and have been in place before the Healthy Delaware Families Act was signed into law on May 11, 2022.
  • Not cost employees more than Delaware Paid Leave.
  • Be within 10% of the main benefit provisions of Delaware Paid Leave, and Parental leave plans must cover employees regardless of sex, gender, or marital status.

For more information on Delaware Paid Leave or to apply to have your current paid leave plan grandfathered in, visit the agency website.

QuickBooks will support the new Paid Leave program in all of our products. We will follow up with information on how to set up and track it in QuickBooks before the start date on January 1, 2025.

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