Delaware does not have a traditional accrued paid sick leave law. Unlike states such as New Jersey or Connecticut, there is no Delaware statute that requires private employers to give you paid sick time that builds up at a fixed rate (for example, one hour for every 30 hours worked). As of 2026, the closest thing Delaware offers is the Delaware Paid Leave program, created by the Healthy Delaware Families Act, which pays partial wages when you miss work for your own serious health condition, to care for a seriously ill family member, to bond with a new child, or for certain military-family needs. Routine short-term sick days, however, are still left to your employer's own policy.
The bottom line: no mandated sick days, but a new paid leave insurance program
Two ideas often get confused, so it is worth separating them clearly.
Paid sick leave (accrued sick days): A law that forces employers to let you earn and use a bank of paid hours for short illnesses, doctor visits, or caring for a sick child. Delaware has no such statewide law.
Paid family and medical leave: A state-run insurance program that replaces part of your wages during longer, qualifying absences. Delaware does have this, and benefit payments became available beginning January 1, 2026.
So if you stay home with a one-day cold, whether you are paid depends entirely on your employer's handbook. If you face a genuine serious health condition that keeps you out for an extended period, Delaware Paid Leave may replace a portion of your wages.
How much you earn under Delaware Paid Leave
When you qualify, Delaware Paid Leave pays a percentage of your average weekly wages rather than your full paycheck. The program is built around roughly 80% wage replacement, subject to a weekly minimum and a weekly maximum benefit. As of 2026 the benefit is generally capped at a maximum of about $900 per week, with a minimum of about $100 per week. Because these dollar figures are adjusted over time, you should confirm the current minimum and maximum benefit directly with the Delaware Department of Labor before relying on a specific number.
Duration depends on the reason for leave:
Parental leave (bonding with a new child): up to 12 weeks in an application year.
Medical leave (your own serious health condition), family caregiving leave, and qualified exigency leave: up to 6 weeks in any 24-month period.
This is a true insurance model: the wage replacement comes through the state program (funded by payroll contributions), not as paid time taken from a bank of hours you accrued.
Covered employers and who qualifies
Coverage under Delaware Paid Leave is tied to how many employees a business has working in Delaware:
Fewer than 10 Delaware employees: generally not required to participate.
10 to 24 Delaware employees: required to provide parental leave only.
25 or more Delaware employees: required to provide the full set parental, medical, family caregiving, and qualified exigency leave.
To be an eligible employee, you generally must meet thresholds modeled on the federal FMLA: you must have worked for your employer for at least 12 months and at least 1,250 hours in the prior 12 months, and you must primarily report to work in Delaware. Smaller employers can also opt in voluntarily, so it is worth asking your HR department whether your workplace participates.
Covered uses include your own serious health condition, caring for a family member with a serious health condition, bonding after birth, adoption, or foster placement, and qualifying needs arising from a family member's military deployment. A short, ordinary illness that does not rise to a "serious health condition" is typically not covered.
How it is funded
Delaware Paid Leave is paid for through payroll contributions that began on January 1, 2025, ahead of benefits starting in 2026. The total contribution is a small percentage of covered wages, split among the medical, family caregiving, and parental components. Employers may deduct up to half of the contribution from employee wages and must cover the rest. The exact contribution rates are set by the state and can change, so confirm the current percentages with the Department of Labor rather than assuming a fixed figure. Employers may also satisfy their obligation through an approved private plan that provides benefits at least as generous as the state program.
Local ordinances
Delaware does not have city or county paid sick leave ordinances. Some states allow municipalities to pass their own leave rules, which creates a patchwork; Delaware does not work that way. Your rights are set at the state level, so an employee in Wilmington, Dover, or Newark is under the same framework. This makes Delaware simpler than states with overlapping local laws, but it also means there is no local ordinance to fall back on for short paid sick days.
How this interacts with PTO and FMLA
Because Delaware does not mandate sick days, your paid time off (PTO) or sick policy is a matter of contract between you and your employer. If your handbook promises paid sick days or PTO, the employer generally must honor it, and Delaware's wage payment law can be used to recover paid time off that has vested and is owed under that policy. Always read your written policy closely, including any rules on carryover and payout at separation.
The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave at employers with 50 or more employees, if you meet the 12-month and 1,250-hour tests. Delaware Paid Leave is designed to run alongside FMLA: where both apply, your leave can be job-protected under FMLA while Delaware Paid Leave replaces part of your wages during that same time. Employers may also coordinate Paid Leave with their own PTO, but they cannot use the program to shortchange benefits you have already earned. Reviewing how your employer sequences PTO, FMLA, and Paid Leave is essential so you do not accidentally exhaust one bank of time you did not mean to use.
The federal baseline for comparison
There is no federal law requiring private employers to provide paid sick leave to most workers. The Fair Labor Standards Act (FLSA) sets the federal minimum wage at $7.25 per hour and requires overtime after 40 hours in a week, but it says nothing about paid sick time. The main federal leave protection, FMLA, guarantees only unpaid time. Federal contractors covered by Executive Order 13706 are an exception and do accrue paid sick leave, but that is narrow. Against this thin federal floor, Delaware's Paid Leave program is a meaningful step beyond the federal baseline, even though it is not a classic accrued sick day law.
Where to verify and how to enforce your rights
The authoritative source is the Delaware Department of Labor, specifically its Division of Paid Leave, which administers the Healthy Delaware Families Act and publishes current benefit amounts, contribution rates, employee eligibility rules, and claim procedures. For unpaid wages or unpaid PTO owed under an employer policy, the Department's Division of Industrial Affairs / Office of Labor Law Enforcement handles wage payment claims. Before assuming you have no rights, confirm whether your employer participates in Delaware Paid Leave, check your written PTO policy, and contact the Department of Labor with questions. If your employer denies a benefit you are legally owed, you can file a complaint with the appropriate Department of Labor division, and you may wish to consult a Delaware employment attorney for serious disputes.
Official Delaware Sources
This page is based on Delaware employment law. Rules and figures change — verify the current details directly with the official Delaware sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Delaware state law.
Frequently asked questions
Does Delaware require employers to give paid sick days?
No. Delaware has no statewide law requiring private employers to provide accrued paid sick days for short illnesses. Whether you are paid for a sick day depends on your employer's own PTO or sick leave policy. Delaware does, however, run the Delaware Paid Leave program, which replaces part of your wages for longer, qualifying absences such as your own serious health condition.
What is Delaware Paid Leave and when did it start?
Delaware Paid Leave was created by the Healthy Delaware Families Act. Payroll contributions began January 1, 2025, and wage-replacement benefits became available January 1, 2026. It covers medical leave for your own serious health condition, family caregiving, parental bonding, and qualified military-family needs, paying roughly 80% of wages up to a weekly cap. Confirm current figures with the Delaware Department of Labor.
Which employers must participate in Delaware Paid Leave?
Coverage depends on Delaware headcount. Employers with 25 or more Delaware employees must provide the full program, employers with 10 to 24 must provide parental leave only, and those with fewer than 10 are generally exempt but may opt in. Eligible employees usually need 12 months of service and 1,250 hours worked, and must primarily work in Delaware.
Are there any local paid sick leave laws in Delaware cities?
No. Delaware does not have city or county paid sick leave ordinances. Employees in Wilmington, Dover, Newark, and elsewhere are covered by the same statewide framework, which means there is no local ordinance providing short-term paid sick days beyond what your employer chooses to offer.
How does Delaware Paid Leave work with FMLA?
The federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers with 50 or more employees. Delaware Paid Leave is designed to run alongside it, replacing part of your wages while FMLA protects your job. Where both apply, the leaves can run together. Check how your employer sequences PTO, FMLA, and Paid Leave so you do not unintentionally use up time.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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