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Delaware maternity leave and paid family leave

How paid leave works in Delaware when you have a baby: weeks for pregnancy and bonding, how much it pays in 2026, whether your job is protected, and how to apply.

Checked October 2026 · 13 sources

Short answer

Delaware pays 80% of wages, up to $900 a week, for up to 12 weeks to bond and up to 6 weeks of medical leave, 12 weeks combined. Benefits started January 1, 2026; you need 12 months and 1,250 hours with an employer of 10+ workers.

12 wk

of paid leave to bond with your baby

Delaware Department of Labor, Division of Paid Leave

$900

the most it pays per week in 2026, a ceiling, not a typical benefit

Delaware Department of Labor, Division of Paid Leave

Apply for paid leave

Claims go to Delaware Department of Labor, Division of Paid Leave. Tell your employer early.

How to apply Program website

The rules in Delaware

Yes

Delaware Paid Leave (Delaware Paid Family and Medical Leave Insurance Program)

The rules
Legal maximum, your own health6 weeks
Bonding with your babyUp to 12 weeks
Medical and family leave combinedUp to 12 weeks a year
Pay80% of your average weekly wages over the prior 12 months; min $100/week (or your full wage if you earn less); max $900/week in 2026 and 2027.
2026 weekly maximum$900 (a ceiling, not a typical benefit)
Waiting periodNone in the law (no unpaid waiting week). DDOL says the first payment takes about two weeks to process after approval (anti-fraud review), then payments are weekly.
Job protectionYes, in the Paid Leave law: covered employees must be restored to the same job or one with equivalent seniority, status, pay and benefits, and health coverage continues during leave. You only qualify (and are protected) after 12 months and 1,250 hours with your current employer, and only if that employer has 10+ employees in Delaware (10-24 employees: parental leave only).
Who qualifiesYou must work primarily in Delaware, for an employer with at least 10 Delaware employees, and have worked for that employer at least 12 months and 1,250 hours (about 25 hours/week) in the last 12 months. Employers with 10-24 employees only have to provide parental (bonding) leave; 25+ employees must also provide medical, family caregiving and military leave. Part-time or short-term workers may be put on a waiver and excluded. No self-employed opt-in found in the law.
Paying sinceJanuary 1, 2026

Checked October 2026. Benefit amounts usually change January 1 and July 1, so confirm with Delaware Department of Labor, Division of Paid Leave before you plan. Job protection often comes from a different law than the pay; the job protection row says which.

Claims began Jan. 1, 2026. A birthing mom gets at most 12 paid weeks in a 12-month application year, whatever the mix: up to 12 weeks of parental leave per year, plus medical leave of up to 6 weeks per 24 months (and medical leave only if your employer has 25+ employees). Pregnancy or childbirth recovery would come from that 6-week medical bank, and DDOL gives no recovery-length guidance. The tenure test is tied to your current employer, so changing jobs means a new 12-month wait before you can claim. Parental leave must be taken continuously unless your employer's policy allows otherwise, and it must be used before the child's first birthday. If both parents work for the same employer, the employer may cap the two of you at 12 weeks combined (19 Del. C. 3703(b)). Employers with fewer than 25 employees may elect, with notice, a parental-leave limit for 5 years from the start of benefits (19 Del. C. 3703(f): 'for each employee to exercise not less than half of the employee's parental leave'), so ask your employer whether it made this election. After 2027 the $900 max is CPI-adjusted. Employers may use an approved private plan. Funding: 0.8% of wages, and employers may deduct up to half from pay.

How to apply Program website Every benefit in Delaware

Sources: Delaware Department of Labor, Division of Paid Leave; Delaware General Assembly; National Partnership for Women & Families; Mercer Law & Policy Group. Data as of October 2026.

Questions about maternity leave in Delaware

How long is maternity leave in Delaware?

Delaware Paid Leave (Delaware Paid Family and Medical Leave Insurance Program) pays up to 12 weeks to bond with your baby. The legal maximum for your own health condition is 6 weeks, and medical and family leave together are capped at 12 weeks a year.

How much does Delaware paid family leave pay?

80% of your average weekly wages over the prior 12 months; min $100/week (or your full wage if you earn less); max $900/week in 2026 and 2027. The weekly maximum in 2026 is $900, a ceiling rather than a typical benefit.

Is my job protected while I'm on leave in Delaware?

Yes, in the Paid Leave law: covered employees must be restored to the same job or one with equivalent seniority, status, pay and benefits, and health coverage continues during leave. You only qualify (and are protected) after 12 months and 1,250 hours with your current employer, and only if that employer has 10+ employees in Delaware (10-24 employees: parental leave only).

Who qualifies in Delaware?

You must work primarily in Delaware, for an employer with at least 10 Delaware employees, and have worked for that employer at least 12 months and 1,250 hours (about 25 hours/week) in the last 12 months. Employers with 10-24 employees only have to provide parental (bonding) leave; 25+ employees must also provide medical, family caregiving and military leave. Part-time or short-term workers may be put on a waiver and excluded. No self-employed opt-in found in the law.

How does it work with FMLA?

The federal Family and Medical Leave Act (FMLA) gives eligible workers up to 12 weeks of unpaid, job-protected leave in a 12-month period for a birth and to care for the newborn, or for their own serious health condition, including pregnancy complications and recovery from childbirth. Health coverage continues during leave, and you return to the same or an equivalent job.

Sources

  1. 1.Employee Information and Resources - Delaware Paid Leave Delaware Department of Labor, Division of Paid Leave. Accessed October 9, 2026.
  2. 2.FAQs: Navigating the Processes and Expectations of Delaware Paid Leave Delaware Department of Labor, Division of Paid Leave. Accessed October 9, 2026.
  3. 3.FAQs: Overview of the Program, the Need, and the Opportunities Delaware Department of Labor, Division of Paid Leave. Accessed October 9, 2026.
  4. 4.Delaware Paid Leave Claims Process and Webinar FAQ Delaware Department of Labor, Division of Paid Leave. Accessed October 9, 2026.
  5. 5.Del. Code tit. 19, ch. 37 - Family and Medical Leave Insurance Program Delaware General Assembly. Accessed October 9, 2026.
Show all 13 sources
  1. 6.State Paid Family & Medical Leave Insurance Laws (chart, April 2026) National Partnership for Women & Families. Accessed October 9, 2026.
  2. 7.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
  3. 8.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  4. 9.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  5. 10.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  6. 11.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  7. 12.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  8. 13.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.

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