Statewide paid family leave set to become law in Delaware, as General Assembly passes bill

The General Assembly on Thursday passed legislation to provide up to 12 weeks of statewide paid family and medical leave, one of the more significant and progressive bills Delaware legislators have passed in recent years.

The House passed the bill with a vote of 29-11 and now heads to the governor’s desk. Gov. John Carney is expected to sign the bill into law, as he expressed support for paid family leave at the start of the session.

While no Senate Republicans voted for the legislation, Reps. Mike Ramone, R-Pike Creek South, and Mike Smith, R-Pike Creek Valley, supported the legislation. 

Several Republicans, including some who voted no, praised Democratic lawmakers for reaching out across the aisle, despite already having the votes necessary. 

When the bill passed on Thursday, the House chamber erupted into applause. 

Delaware will join 10 states and the District of Columbia in offering similar statewide family and medical leave policies. Maryland, earlier this month, passed a similar bill, with the Legislature overriding Gov. Larry Hogan’s veto. 

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How will the paid family leave plan work?

The Delaware plan works like this: A statewide paid family and medical leave insurance program will be created and will be eligible for both state and private employees. It’s intended to be used for certain life events like serious illness, a new child or adjusting to military deployment.

The program will be funded by less than 1% of a worker’s weekly salary, split evenly by the employee and the employer. The contributions begin in 2025, with the benefits being first available in 2026. Those who are a part of the program would receive up to 80% of their average weekly wages.

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Sen. Sarah McBride, a Wilmington Democrat, sponsored the legislation. She reintroduced the bill earlier this year after making revisions that were key to getting the support of the governor and some business owners. 

One of the more significant changes included restricting certain relationships that would qualify for leave, specifically for parents, children and spouses. The maximum coverage for family caregiving is six weeks, while parental leave is 12 weeks. 

Employees also need to work for their employer for a year before qualifying for the benefit.

And some small businesses have the choice to opt in: Businesses with less than 10 employees wouldn’t automatically be covered for parental leave, while businesses with less than 25 people wouldn’t automatically be covered for family caregiving and medical leave.

An amendment was also added Thursday by lawmakers to exempt any business that is closed for 30 consecutive days or more every year. A report must also be submitted to the General Assembly by July 1, 2029, about the program. 

Contact Meredith Newman at (302) 256-2466 or at mnewman@delawareonline.com. Follow her on Twitter at @MereNewman.