Delaware's Healthy Delaware Families Act (DE 19 §3702A) created statewide paid family and medical leave, fully effective 2026. Wilmington cannot create a separate local paid-leave program — state law preempts.
Delaware's Healthy Delaware Families Act, codified at Title 19 §3702A, established a statewide paid family and medical leave program funded by employer/employee contributions starting 2025, with benefits beginning January 2026. Eligible workers receive up to 12 weeks of partial wage replacement for parental, medical, or family care leave. The program is administered by the Delaware Department of Labor. Wilmington and other municipalities cannot establish separate local paid-leave mandates because Delaware preempts the field. Employers with existing equivalent policies may seek private-plan exemption.
Failure to remit contributions or provide eligible leave exposes employers to back-pay, civil penalties, and DOL enforcement under Title 19.
See how Wilmington's paid leave preemption rules stack up against other locations.
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