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Delaware Paid Sick Leave: No Mandate, but a New Paid Leave Program in 2026
Delaware's statutes never got around to sick leave: accrual, carryover and payout remain entirely a matter of the employer's written policy at a $15.00 minimum wage. But Delaware is not a typical no-mandate state. Its own state paid family and medical leave program begins providing benefits in 2026, which makes Delaware one of the few states in this group that actually runs a mandated leave program, just not a sick leave one.
Delaware at a glance
| Paid sick leave mandate | None statewide for private employers |
|---|---|
| Governing rule | Your written policy, enforced as written |
| State paid family and medical leave | Yes, employer registration and withholding required |
| Minimum wage | $15.00 |
| Overtime | Federal FLSA rules (weekly over 40) |
| Coverage below the 20-employee COBRA line | Delaware Mini-COBRA (Small Employer Group Health Policies), up to 9 months [18 Del. C. section 3571F (Mini-COBRA small employer group health policies)] |
A state PFML program on top of federal FMLA
Delaware's state paid family and medical leave program is separate from sick leave entirely and is typically funded through payroll contributions rather than employer-paid sick time, generally covering longer wage-replacement events such as the birth of a child, bonding with a new child, or a serious health condition affecting the employee or a family member. Federal FMLA still applies on top of the state program, at employers with 50 or more employees within 75 miles, and only to employees with 12 months of service and 1,250 hours worked, but FMLA itself remains unpaid regardless of what the state program pays. See the U.S. Department of Labor's FMLA overview. Because the state program is new, employers should confirm current effective dates, contribution rates and benefit levels directly with the state rather than relying on early descriptions.
A 9-month mini-COBRA for the smallest employers
Nine months is a shorter continuation window than most of Delaware's neighbors offer, but 18 Del. C. section 3571F still reaches employers the federal COBRA law does not: those that normally employed between 1 and 19 people the prior year. Three months of prior coverage qualifies a covered employee or dependent to keep group coverage running through termination other than gross misconduct, reduced hours, divorce, or the covered employee's death. See 18 Del. C. 3571F.
Pennsylvania has no state program, but two cities have their own
Delaware borders Pennsylvania, which runs neither a paid sick leave mandate nor a state paid family leave program at the state level, but where Philadelphia and Pittsburgh each enforce their own local paid sick leave ordinances at the city level. The comparison cuts both ways: Delaware has no sick leave law but a real state PFML benefit arriving in 2026, while Pennsylvania has no state-level program at all but two cities with binding local rules a Delaware employer would have to follow if it opened a location there.
FMLA, remote-hire exposure and voluntary policy drafting: paid leave fundamentals.
For Delaware specifically: nothing above is statutory in Delaware, so your written policy is the enforceable rule, the wage floor those hours are paid at is $15.00, and below the federal 20-employee COBRA threshold Delaware still requires continuation coverage for up to 9 months, and the state paid family and medical leave programme carries its own contribution and claim mechanics. HR outsourcing in Delaware keeps that in the handbook and in payroll.
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Frequently Asked Questions
Does Delaware require paid sick leave?
No. Delaware has no statewide requirement for private employers, so whatever your handbook says is the enforceable rule, including on carryover and payout. Hours you do pay are paid at $15.00.
What pay rate applies to leave hours in Delaware?
Minimum wage in Delaware is $15.00. Overtime: Federal FLSA rules (weekly over 40). Paid leave hours generally do not count toward the overtime threshold because they are not hours worked.
Does health coverage continue after separation in Delaware?
Federal COBRA applies at 20 or more employees. Below that, Delaware has its own continuation law, the Delaware Mini-COBRA (Small Employer Group Health Policies), running up to 9 months (18 Del. C. section 3571F (Mini-COBRA small employer group health policies)).
Does Delaware run a paid family and medical leave programme?
Yes. It is separate from sick leave, usually funded by payroll contributions, and registration and withholding are the employer's job. Federal FMLA still applies on top at 50 or more employees.
Is this a PEO?
No. No co-employment and no employer-of-record change: your company stays the employer. HR outsourcing, powered by isolved.
Anthony leads HR outsourcing strategy at Business Executive Group, a national HR outsourcing firm serving employers across every state. BEG HR outsourcing is powered by isolved, with certified HR professionals building and maintaining state-correct leave policy as laws change.
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