How the Delaware Paid Leave weekly benefit is calculated
Delaware Paid Leave — created by the Healthy Delaware Families Act, Delaware's new paid leave law — is a brand-new program: payroll contributions from employers and employees began January 1, 2025, and the state started paying benefits on January 1, 2026. It replaces part of your wages while you're on approved parental, medical, family-caregiving, or military-exigency leave. Unlike Minnesota, Maine, or most other states, Delaware's formula is a flat percentage — no tiers. Wondering how much you'll get under this new law? It's a flat 80% of your wage, detailed below.
How long does the benefit last?
Delaware Paid Leave provides up to 12 weeks of parental leave per year to bond with a new child, and up to 6 weeks every 24 months each for your own serious health condition, caring for a family member's serious health condition, or supporting a family member's overseas military deployment. However you combine categories, benefits are capped at a maximum of 12 weeks total in any 12-month period.
Delaware Paid Leave FAQ (2026)
How much does Delaware Paid Leave pay in 2026?
Your weekly benefit is 80% of your average weekly wage, capped at $900/week for 2026 and 2027. There's also a $100/week minimum, except if your actual wage itself is under $100/week, in which case you receive 100% of it.
Is Delaware Paid Leave really new?
Yes. Delaware is the 11th state to create a paid family and medical leave program, and it's the newest one actually paying claims as of this writing — the first benefits went out on January 1, 2026, after a year of payroll contributions in 2025.
Who is eligible for Delaware Paid Leave?
Most employees who have worked for a covered Delaware employer for at least 12 months and at least 1,250 hours qualify, though the exact employer-size thresholds differ by leave type (parental vs. medical/family/military). See labor.delaware.gov for the current covered-employer rules.
Is the benefit taxable?
Paid Leave benefits are generally expected to be treated as taxable income for federal purposes, similar to other state paid-leave programs, but confirm current guidance with the IRS or a tax professional.