Paternity Leave in Delaware: Simple Rules, Strict Entry

Delaware Paid Leave started paying on January 1, 2026. It’s simpler than most: 80 percent of your wage, up to 12 weeks, job back afterwards. It’s also stricter than most about who gets in, so check that part first.

Do you qualify for paternity leave in Delaware?

Three things need to be true:

• Your employer is big enough. Employers with 10 or more employees in Delaware have to offer paid parental leave. Smaller ones can opt in.
• You’ve been there long enough: at least 12 months, and 1,250 hours in the last year. That’s about 25 hours a week. Vacation and sick days don’t count toward the hours.
• You mostly work in Delaware, at least 60 percent of your time.

New job? You may not qualify yet. Federal FMLA has the same 12-month rule, so ask HR what else they offer. State and court employees may have their own policy.

Not sure how to bring it up at work? Our guide on how to ask for paternity leave has a script.

How much is paid family leave in Delaware, and for how long?

Delaware pays 80 percent of your average weekly wage, up to a maximum of $900 a week. Earn more than about $58,000 a year and you hit the cap.

You get up to 12 weeks of parental leave in a year, to use in the baby’s first 12 months. Your employer may ask you to take it in one block.

How to file a paid family leave claim in Delaware

First, ask HR whether you’re on the state plan or a private plan. Private plan? Follow HR’s instructions. State plan:

1. Register at my.delaware.gov and verify your identity.
2. File in the LaborFirst claimant portal with your employer details and leave dates. Ideally 30 days before your leave starts.
3. Add proof of the birth when you have it.
4. Budget for a two-week gap. After approval, the first payment takes about two weeks while the state runs a fraud check. Then it’s weekly.

Questions? The Division of Paid Leave is at 302-761-8375 or [email protected].

What does your employer have to do?

• Give you your job back when your leave ends. That’s built into the program.
• Not punish you for taking leave.
• Tell you about the program when you ask for leave, with a written notice of your rights.

Ask HR how your health insurance works while you’re out. Adding the baby to the plan is a separate step with its own short deadline.

Delaware paid family leave deadlines

• 30 days before your leave: tell your employer and file your claim.
• Within 30 days of the birth: add the baby to your health plan. Federal rules give you at least 30 days.
• About two weeks after approval: your first payment.
• Baby’s first birthday: all parental leave has to be used by then.

Before you lock in dates, take our free paternity leave HR questions to HR and write the answers down. Rather ask by email? Our free HR email template is ready to copy: fill in the blanks and hit send.

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General information, not legal or financial advice. Delaware Paid Leave is new and the rules may change. Check with HR and labor.delaware.gov before you plan dates.

Sources: Delaware Department of Labor: Paid Leave for employees, program overview FAQ, claims process FAQ, US Department of Labor.