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Paid Family Leave

19 Del. C. § 3704 — up to 12 weeks at 80% of wages, capped at $900 a week in 2026 and 2027, with the job held

A covered individual, employed at least 12 months and 1,250 hours by the employer, may receive benefits for:

  • 19 Del. C. § 3701
  • 19 Del. C. § 3702
  • Caring for a child in the first year after birth, adoption or foster placement.
  • Caring for a family member with a serious health condition.
  • The individual's own serious health condition.
  • A qualifying exigency.
  • 19 Del. C. § 3702
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BenefitAmount
BenefitWeekly benefitAmount80% of average weekly wages
BenefitMinimumAmount$100 a week, or the full wage if less
BenefitMaximum in 2026 and 2027Amount$900 a week
BenefitParental leaveAmountUp to 12 weeks in an application year
BenefitMedical and caregiving leaveAmountUp to 6 weeks in any 24 month period

The job held. After covered leave, the employer restores the individual to the same position or an equivalent one, and keeps up health benefits during the leave.

Employers with 10 to 24 employees are covered for parental leave only, and those under 10 not at all. A particular claim is a question for the Department of Labor.

Sources for this section (5)
  1. 19 Del. C. § 3701 — Definitions
  2. 19 Del. C. § 3702 — Eligibility for benefits; serious health condition; certification or documentation of leave
  3. 19 Del. C. § 3703 — Duration of benefits
  4. 19 Del. C. § 3704 — Amount of benefits
  5. 19 Del. C. § 3707 — Leave and employment protection

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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