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Last updated: 2026-09-21.

No State Mandate

Delaware Paid Sick Leave Law 2026

Direct answer: Delaware has no statewide paid sick leave mandate. Employers may offer voluntarily. No local ordinances tracked. Source: https://dol.delaware.gov/; retrieved 2026-09-21.
This page summarizes public labor-law information for general guidance only. It is not legal advice. Always confirm current obligations with the official state labor department or a qualified employment attorney before acting.

Paid sick leave by employer type in Delaware

How Delaware's real statutory thresholds apply to specific employer profiles. Each section re-frames the state law above for one audience — the underlying figures never change, only the lens does.

Small Business in Delaware

For employers with fewer than 15 employees: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Size note: small businesses follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

Large Employers in Delaware

For employers with 50 or more employees: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Size note: large employers follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

Restaurants in Delaware

For restaurant, café, and food-service operators: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Industry note: restaurants & food service follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

Retail in Delaware

For retail stores, shops, and chains: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Industry note: retail employers follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

Healthcare in Delaware

For clinics, hospitals, and healthcare staffing: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Industry note: healthcare employers follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

New Hires in Delaware

For hr teams onboarding new employees: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Size note: new hires & onboarding follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

Small Restaurants in Delaware

For restaurant and food-service operators with fewer than 15 employees: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Industry note: small restaurants (under 15 employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

Large Restaurants in Delaware

For restaurant groups and chains with 50 or more employees: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Industry note: large restaurants & chains (50+ employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

Small Retail in Delaware

For retail stores and shops with fewer than 15 employees: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Industry note: small retail (under 15 employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

Large Retail in Delaware

For retail chains with 50 or more employees: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Industry note: large retail & chains (50+ employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

Small Healthcare in Delaware

For clinics and healthcare practices with fewer than 15 employees: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Industry note: small healthcare (under 15 employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

Large Healthcare in Delaware

For hospitals and healthcare systems with 50 or more employees: Delaware has no statewide paid sick leave mandate. No local ordinances are tracked beyond the state law. Source: https://dol.delaware.gov/; retrieved 2026-09-21.

Industry note: large healthcare systems (50+ employees) follow voluntary or local rules only — there is no statewide mandate to trigger. Use the Compliance Checker to apply your headcount to the correct rule.

State law at a glance

RequirementDetail
Statewide mandateNo
Employer thresholdN/A (no sick-leave mandate; PFML applies 10+ employees)
Accrual rateN/A
Max accrual / yearN/A
Paid or unpaidn/a
CarryoverN/A
Qualified reasonsNo state paid sick leave mandate. Separate PFML program (benefits from Jan 1, 2026).
Effective dateJan 1, 2026 (PFML benefits)
Official sourcehttps://dol.delaware.gov/ ↗

How Delaware paid sick leave differs from federal law

Delaware has no general statewide paid sick-leave mandate for private employers — so, unlike neighboring Maryland, New Jersey, and New York, there is no state law requiring accrued paid sick time. The only federal floor is the unpaid FMLA (50+ employee employers, 12 weeks unpaid). However, Delaware does have a separate paid family and medical leave (PFML) insurance program — the Healthy Delaware Families Act — which is not a sick-leave entitlement but provides partially wage-replaced leave for bonding, own serious illness, and family care. Where no state sick-leave law applies, employers may still be bound by local ordinances or their own policies.

Delaware vs neighbouring states

Among Mid-Atlantic neighbors, Maryland (HWFA, 1 hr/30 hrs, 15+ employees, includes safe leave), New Jersey (ESLL, all employers, 1 hr/30 hrs), New York (tiered paid sick leave), and Pennsylvania (no statewide mandate) bracket Delaware. Delaware is unusual in having chosen a PFML insurance model (benefits from Jan 1, 2026) rather than a mandatory accrued sick-leave law. So a Delaware employer's main state leave obligation is PFML payroll contributions and, from 2026, job-protected leave — not a sick-leave accrual mandate.

Recent Delaware paid sick leave changes (timeline)

YearChange
2022Healthy Delaware Families Act enacted, creating a state PFML insurance program.
2025Employer payroll contributions begin; regulations finalized.
2026 (eff. Jan 1, 2026)PFML benefits become available — up to 12 weeks (with specific caps), ~80% wage replacement up to roughly $900/week; most employers with 10+ employees must participate (smallest employers may opt in).

Common Delaware paid sick leave violations and penalties

Employers in Delaware most often trip on the items below. Amounts are typical statutory ranges — confirm the current figure with the state labor department before acting.

ViolationTypical penalty / fineNote
PFML contribution/employer non-complianceFailing to withhold or remit PFML contributions, or denying eligible leave, is enforced by the Delaware Dept. of Labor; penalties can include back contributions, interest, and fines — confirm current figures with DOL.This page covers sick-leave; see the Delaware PFML program page for full benefit rules.
For sick leave specificallyBecause there is no mandate, 'violations' arise only under local ordinances or an employer's own written policy; misclassifying workers to avoid PFML participation is a common audit trigger.A written, compliant policy still matters even without a state sick-leave law.
Retaliation under PFMLProhibited; employees may recover back pay, reinstatement, and damages under the Act.Job protection attaches once benefits begin in 2026.

Printable cheat sheet

Use the button below to print or save a one-page compliance summary for Delaware. It includes the state law table and any local ordinances above.

Frequently Asked Questions

Does Delaware require paid sick leave in 2026?

No. Delaware has no statewide paid sick leave mandate. Employers may offer leave voluntarily. Some cities (see below) have their own ordinances.

What is the accrual rate for paid sick leave in Delaware?

Not applicable — no state law. Check local ordinances for city-level rules.

Which cities in Delaware have stricter sick leave ordinances?

No local ordinances are tracked for Delaware beyond the state law.

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