Delaware Paid Leave Act

The Issue

The State of Delaware has started deductions for the Paid Family Medical Leave Act effective January 1, 2025 and YOU are likely paying for it! While this program claims to support employees during critical life events, the truth is that its current implementation is flawed, and it may be costing YOU more than it should at a critical time in our community. Let’s talk about the fine print and why you should be concerned:

1. The State is Taking More Money Than It Should
Many employees are seeing wage deductions they never agreed to, with no clear explanation, while the program’s waiver system —designed to prevent unnecessary taxation for part time or seasonal jobs—is not yet functional, yet tax deductions have already begun. As a result, everyone, regardless of whether they qualify for the program, may be paying the tax. The Act describes the waiver system, but there has been no implementation so far. According to the program director on January 13, 2025, "Our paperless online Waiver program is not yet in production." Additionally, this is a mandate, even if you do not intend to use paternal leave, you will be taxed if you work over 25 hours/week.

2. Lack of Transparency and Public Education
The average citizen didn’t even know this program was coming. Where is the data on all the outreach? The state has failed to adequately inform employers and employees about the program’s details, our rights, and our responsibilities.  

Details: Employers can require employees to contribute up to half of the program's cost. In this economy, most small businesses will need to ask their employees to bear this burden in order to stay afloat. It's important to remember that the state is not providing sufficient support to small businesses either!

Parental Leave: 10–24 employees: charged at 0.32% of wages (parental leave only)The state claims they will provide up to 12 calendar weeks of paid parental leave to eligible employees upon the adoption of a child six years of age or younger or for the birth or placement through foster care of a child during the first year after the event. January 1, 2031, employers may elect to limit each employee's parental leave to not less than half of the standard entitlement. 

Medical Leave: Mandatory for businesses with 25+ employees: 0.8% of wages, broken down as follows:

Medical Leave: 0.4%
Parental Leave: 0.32%
Family Caregiver / Qualified Exigency Leave: 0.08% - Up to 6 weeks in a 24-month period to care for self or a family member with a serious health condition.

We deserve better! 

3. The Numbers Don’t Add Up

  1. The state is prominently displaying the 0.08% rate, but this only applies when an individual is already within the bracket that qualifies them for full pfml benefits, which requires paying the full 0.8%.
  2. If you begin new employment, your eligibility for benefits does not transfer or get refunded, even if you met the criteria with your previous job. You will need to restart the qualification process.
  3. The funds you already contributed will go to a state Collective Fund, essentially making your contributions a loan to the state.
  4. You must have worked at least 1,250 hours in the previous 12 months. Without waivers or proper quality assurance measures in place, you could contribute all year, but if you don't have 1,250 hours working at the same job when you need the paid leave, —the STATE will not support you and your employer has no control!
  5. How will they monitor this? How is it being audited? Ask them yourself: 302-761-8375/PFML@delaware.gov
  6. Some are being charged over 1% due to misclassification and errors in the system. That’s your money being taken without proper accountability!

It’s Time to Take Action-The state is trying to fly a plane that is still being built!

This is about more than just money; it’s about fairness and making sure the programs we contribute to are well-prepared and fully functional. The state is driven by those who show up and we MUST SHOW UP! You’ve been influenced by social media, politicians, and rumors. Now, it’s time to do your research and unite to help stabilize our state economically!

Please join us in signing the petition to address these concerns:

Immediate Suspension and Review: Suspend the program until the waiver system is fully functional, the taxation process is corrected, and quality assurance measures are  in place.
Enhanced Public Education: Implement comprehensive outreach initiatives to educate Delaware residents and businesses about the program's details, benefits, and obligations with complete transparency. Data must be provided to show the outreach is sufficient and understood.
Reevaluation of Administrative Processes: Simplify the administrative requirements placed on employers, particularly small businesses, to ensure compliance is manageable and does not impose undue burdens from another state mandate.
Reevaluation of Waiver Processes: Build a system and educate the community before making it “live” allowing anyone to opt out if they want. THIS IS AMERICA!

Together, we can fight back against a system that has great potential but is currently taking more than it gives. Let’s hold our leaders accountable and demand a program that truly works for all of us—not just some of us (Goverment employees are exempt!)

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The Issue

The State of Delaware has started deductions for the Paid Family Medical Leave Act effective January 1, 2025 and YOU are likely paying for it! While this program claims to support employees during critical life events, the truth is that its current implementation is flawed, and it may be costing YOU more than it should at a critical time in our community. Let’s talk about the fine print and why you should be concerned:

1. The State is Taking More Money Than It Should
Many employees are seeing wage deductions they never agreed to, with no clear explanation, while the program’s waiver system —designed to prevent unnecessary taxation for part time or seasonal jobs—is not yet functional, yet tax deductions have already begun. As a result, everyone, regardless of whether they qualify for the program, may be paying the tax. The Act describes the waiver system, but there has been no implementation so far. According to the program director on January 13, 2025, "Our paperless online Waiver program is not yet in production." Additionally, this is a mandate, even if you do not intend to use paternal leave, you will be taxed if you work over 25 hours/week.

2. Lack of Transparency and Public Education
The average citizen didn’t even know this program was coming. Where is the data on all the outreach? The state has failed to adequately inform employers and employees about the program’s details, our rights, and our responsibilities.  

Details: Employers can require employees to contribute up to half of the program's cost. In this economy, most small businesses will need to ask their employees to bear this burden in order to stay afloat. It's important to remember that the state is not providing sufficient support to small businesses either!

Parental Leave: 10–24 employees: charged at 0.32% of wages (parental leave only)The state claims they will provide up to 12 calendar weeks of paid parental leave to eligible employees upon the adoption of a child six years of age or younger or for the birth or placement through foster care of a child during the first year after the event. January 1, 2031, employers may elect to limit each employee's parental leave to not less than half of the standard entitlement. 

Medical Leave: Mandatory for businesses with 25+ employees: 0.8% of wages, broken down as follows:

Medical Leave: 0.4%
Parental Leave: 0.32%
Family Caregiver / Qualified Exigency Leave: 0.08% - Up to 6 weeks in a 24-month period to care for self or a family member with a serious health condition.

We deserve better! 

3. The Numbers Don’t Add Up

  1. The state is prominently displaying the 0.08% rate, but this only applies when an individual is already within the bracket that qualifies them for full pfml benefits, which requires paying the full 0.8%.
  2. If you begin new employment, your eligibility for benefits does not transfer or get refunded, even if you met the criteria with your previous job. You will need to restart the qualification process.
  3. The funds you already contributed will go to a state Collective Fund, essentially making your contributions a loan to the state.
  4. You must have worked at least 1,250 hours in the previous 12 months. Without waivers or proper quality assurance measures in place, you could contribute all year, but if you don't have 1,250 hours working at the same job when you need the paid leave, —the STATE will not support you and your employer has no control!
  5. How will they monitor this? How is it being audited? Ask them yourself: 302-761-8375/PFML@delaware.gov
  6. Some are being charged over 1% due to misclassification and errors in the system. That’s your money being taken without proper accountability!

It’s Time to Take Action-The state is trying to fly a plane that is still being built!

This is about more than just money; it’s about fairness and making sure the programs we contribute to are well-prepared and fully functional. The state is driven by those who show up and we MUST SHOW UP! You’ve been influenced by social media, politicians, and rumors. Now, it’s time to do your research and unite to help stabilize our state economically!

Please join us in signing the petition to address these concerns:

Immediate Suspension and Review: Suspend the program until the waiver system is fully functional, the taxation process is corrected, and quality assurance measures are  in place.
Enhanced Public Education: Implement comprehensive outreach initiatives to educate Delaware residents and businesses about the program's details, benefits, and obligations with complete transparency. Data must be provided to show the outreach is sufficient and understood.
Reevaluation of Administrative Processes: Simplify the administrative requirements placed on employers, particularly small businesses, to ensure compliance is manageable and does not impose undue burdens from another state mandate.
Reevaluation of Waiver Processes: Build a system and educate the community before making it “live” allowing anyone to opt out if they want. THIS IS AMERICA!

Together, we can fight back against a system that has great potential but is currently taking more than it gives. Let’s hold our leaders accountable and demand a program that truly works for all of us—not just some of us (Goverment employees are exempt!)

The Decision Makers

John Carney
Former Delaware Governor
Kathy Jennings
Delaware Attorney General
Colleen Davis
Delaware Treasurer

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Petition created on January 14, 2025