Important Updates to Delaware’s Family and Medical Leave Act Regulations Coming Your Way!

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Hey there, Delaware employers and employees!


Big news on the horizon that you’ll want to pay close attention to. On March 11, 2024, some key amendments to the Delaware Family and Medical Leave Act’s (DFMLA) regulations are set to take effect, and they’re all about making life a bit easier when it comes to managing Paid Family and Medical Leave (PFML). Here’s what you need to know:

More of Your PTO Stays Yours

First off, a major win for employees: the requirement for using your hard-earned, unused paid time off (PTO) before tapping into PFML benefits is getting a facelift. Now, you won’t be compelled to use more than 75% of your PTO before you can access your PFML benefits. This means more PTO stays in your pocket for when you really want to use it – think vacations, personal days, or just those times when you need a breather.

Know Your Rights and Responsibilities

Knowledge is power, and the new amendments ensure you’re well-equipped with it. Employers are now required to give you the lowdown on how your PTO will work in tandem with PFML benefits. This means you’ll be informed about your employer’s coordination policy regarding PTO/PFML, helping you make the best decisions for your situation.

Supplementing Your Wages with PTO

Here’s another flexible option coming your way: you can use your PTO to supplement your wages up to 100% of your average weekly wage in agreement with your employer. This flexibility allows you to maintain your income levels during times when you need to take leave, ensuring financial stability when it matters most.

Written Notices Are a Must

Communication is key, and the new rules are all about ensuring clear and timely information. Employers are required to provide a written PFML notice, as provided by the state, to all existing Delaware employees at least 30 days before the start of contributions on January 1, 2025. New hires, those who submit a leave request, or when it becomes known that an employee’s leave may qualify for PFML, will also receive this notice. The best part? These notices can be sent via email, making it easier and faster to stay informed.

Keeping Everyone in the Loop

All these changes aim to create a more supportive and transparent environment for dealing with family and medical leave. By ensuring employees are better informed and retain more of their PTO, while also facilitating a smoother process for supplementing income during leave, Delaware is taking significant steps toward supporting its workforce.


As these amendments come into play, it’s important for both employers and employees to stay informed and prepare for the changes. Embracing these updates will help ensure a smoother transition and promote a more flexible, supportive workplace culture.


Remember, these changes are designed with your best interests at heart. By staying informed and proactive, you can navigate these amendments to your advantage. Here’s to a more flexible and supportive future for all Delaware workers and their families!


We hope you found this update helpful and informative! Stay tuned for more updates and tips to help you navigate the evolving landscape of employment laws and workplace policies.

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