
Starting in 2025, Delaware joins the growing list of states with a mandatory Paid Family and Medical Leave (PFML) program.
This new law gives employees more flexibility when life happens — but it also changes how payroll deductions work for your business. And if your payroll provider doesn’t set it up correctly? You could be covering more of the cost than the law requires.
What Delaware PFML Covers
Under Delaware’s Healthy Delaware Families Act, eligible employees can take up to 12 weeks of paid, job-protected leave to:
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Care for a newborn or newly adopted child
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Provide care for a seriously ill family member
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Recover from their own serious medical condition
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Manage certain family responsibilities tied to military service
How the Program Is Funded
Delaware’s PFML program is shared-funded between employers and employees:
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Total Contribution Rate: 0.8% of employee wages
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Split: 0.4% paid by the employee (via payroll deduction) + 0.4% paid by the employer
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Applies to wages up to the Social Security wage base (in 2025, $168,600)
If you have fewer than 10 employees, you may qualify for exemptions from certain leave types — but if you are covered, you can (and should) deduct the employee’s portion from their paycheck.
Why Employers Could Be Overpaying
We’ve seen it happen in other states:
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Some payroll providers skip the employee deduction entirely
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Others roll PFML into a generic tax line and don’t separate it
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A few decide to cover the whole contribution themselves without telling the employer they have options
If your payroll company isn’t tracking Delaware PFML as a distinct, shared contribution, you might be paying 100% of the cost instead of just your share.
Compliance Risks to Watch
Beyond overpaying, incorrect PFML setup in Delaware could also mean:
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Inaccurate reporting to the Delaware Department of Labor
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Employee benefit delays if contributions aren’t reported correctly
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Penalties for late or missed contributions
How Baron Payroll Handles Delaware PFML
When we onboard a Delaware business, we:
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Configure the payroll system to split PFML contributions
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Show the deduction as a separate line on each employee’s pay stub
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Keep you informed on any annual rate changes or law updates
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Ensure 100% compliance with reporting requirements
This means you pay only what the law requires — nothing more.
Bottom Line for Delaware Employers
Delaware’s PFML law is new, and mistakes are most common during the first year of implementation. The sooner you confirm your payroll setup, the more you’ll protect both your business and your employees’ benefits.
Want to make sure your Delaware PFML is set up correctly?
👉 Use our instant price calculator — no sales call required.
Or visit https://www.baronpayroll.com/itin-service to learn more.
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