Delaware General Assembly

House Labor 4/17/25

Committee Hearing takes place within twelve legislative days.

4/17/25

Heffernan

Sen. Mantzavinos

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

This Act corrects an error in the existing code to clarify that the maximum aggregate number of weeks during which medical leave and family caregiving leave benefits are available is 6 weeks in an application year. This Act also amends existing code to specify that a covered individual is eligible for benefits not more than once in a 12-month period rather than a 24-month period. This Act further provides that the Paid Family and Medical Leave Insurance Program is the primary payor, and other paid leave benefits must be coordinated with this benefit according to the terms of the policy or procedure governing other benefits. This Act also allows disability insurance benefits to be offset by family and medical leave benefits paid to an employee pursuant to the terms of a disability insurance policy. This Act addresses private plans, and clarifies that an employer that meets its obligations under Chapter 37 of Title 19 through a private plan does not need to provide claim documentation to the Department except if there is an appeal, complaint, audit, or specific inquiry from the Department. Private plan employers with fewer than 25 employees that voluntarily elect to provide coverage under the Chapter that is otherwise exempted due to the size of their companies will be subject to all of the provisions of the Chapter. This Act establishes a Paid Leave Advisory Committee to review issues related to the implementation and administration of the Paid Family and Medical Leave Insurance Program and to review proposed statutory and regulatory amendments to the program.

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Takes effect upon being signed into law

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