Sick leave can be used for the employee's or family member's illness, preventive care, domestic violence, or public health emergency closures.
Paid Family & Medical Leave
ProgramHealthy Delaware Families Act (HDFA)
DurationUp to 12 weeks of family leave, 12 weeks of medical leave, or 16 weeks combined.
Pay RateUp to 80% of wages, with a maximum weekly benefit.
FundingFunded through payroll contributions (employer pays approximately 50%, employee pays approximately 50%). Employers with fewer than 10 employees are not required to pay the employer share.
EligibilityEmployees who have earned at least $7,600 in the base period.
HDFA covers bonding, caring for a family member, the employee's own serious health condition, and military family leave.
Unpaid Family & Medical Leave
ProgramFederal FMLA
DurationUp to 12 weeks under FMLA in a 12-month period.
EligibilityFMLA: employers with 50+ employees, 12 months and 1,250 hours.
Delaware does not have a state-level family leave law beyond HDFA.
Jury Duty Leave
ProgramDelaware Code Title 10, Section 4516
Paid?No — employers are not required to pay, but cannot penalize employees.
Employers must allow employees to serve on a jury. Employers cannot terminate or penalize employees for jury service.
Voting Leave
ProgramDelaware Code Title 15, Section 4902
Paid?Yes — up to 2 hours of paid time off.
Employees who do not have sufficient time outside working hours to vote are entitled to up to 2 hours of paid time off.
School Activity Leave
ProgramDelaware Code Title 19, Section 716
DurationUp to 8 hours per year per child.
EligibilityParents of children enrolled in K-12.
Paid?Unpaid, but employees may use accrued leave.
Leave is for attending school activities, emergencies, or meetings.
Domestic Violence Leave
ProgramDelaware Code Title 19, Section 712
DurationReasonable time off for victims of domestic violence, sexual assault, or stalking.
EligibilityAll employees who are victims.
Paid?Unpaid, but employees may use accrued paid leave.
Leave can be used for medical care, legal proceedings, counseling, safety planning, or relocation.
Military Leave
ProgramDelaware Code Title 20, Section 503
Employees who are members of the National Guard or reserves are entitled to military leave.
This page is provided for general guidance and does not constitute legal advice. Always check the cited sources for current law before making employment decisions.