Beginning on Oct. 1, the Delaware Department of Labor’s Division of Paid Leave (DPL) will open a Grandfathering/Parental Leave Duration Portal for Delaware employers seeking exemption from immediately joining the state’s plan.

All employers seeking exemption should submit an application to the portal prior to Dec. 31, 2023, when the portal will close.

To be eligible for consideration, employers must offer a private plan that is comparable to the state’s plan. Approved existing plans will be “grandfathered in” for the first five years of the program. For an existing plan to be eligible:

• It must have been written and in place before Delaware Paid Leave was signed into law (May 2022).
• It cannot cost workers more than what Delaware Paid Leave allows.
• Benefits must be comparable to the state’s plan.

A comparable plan will be within 10% of the minimum requirements of the Delaware Paid Leave program. Small employers with 10 to 24 employees will be able to notify DPL if they wish to reduce their employees’ maximum paid leave duration — from the standard 12 weeks to as low as six weeks — for the first five years of the program.

Please keep in mind that a call center has officially opened to assist employers with questions about having a plan grandfathered in. Employers can call 302-761-8375.