DOVER De – The Delaware State House on Thursday passed legislation that would make paid family and medical leave a reality for thousands of working Delaware families.
Senate Substitute 2 for Senate Bill 1, The Healthy Delaware Families Act, would provide eligible full-time workers in Delaware with up to 12 weeks of paid parental leave a year, and up to six weeks of paid family caregiving leave, paid medical leave or paid military leave every two years once fully implemented.
Workers forced to take extended time off from work due to a major family or medical event would be able to earn up to 80% of their average weekly wages through the state insurance program created by the bill.
“Delaware set the example by becoming one of the first states to establish paid parental leave for state employees and teachers. Now, Delaware has done the right thing for thousands of private workers and ensured they have access to paid family and medical leave,” said Rep. Debra Heffernan, the bill’s lead House sponsor.
However, opponents of this legislation see it will hurt small businesses that are still dealing with the government pandemic related lockdowns.
"The bill is going to put some major requirements on business," Rep. Ron Gray told WRDE last month. "Businesses can't get employees and this gives employees an opportunity to leave and how to do get their work done without the employees."
The federal Family and Medical Leave Act currently provides some workers with job protections when they need extended absences of work for medical and family reasons. But workers are not guaranteed any pay during those 12 weeks, and a significant portion of Delaware’s workforce receives no protections at all under the law.
Fewer than one in five workers nationwide has access to paid family leave through their employer – a lack of financial security that costs working families in the United States about $22.5 billion in lost wages each year. In Delaware, nearly 60% of workers do not have access to even unpaid leave under the federal Family and Medical Leave Act.
The bill would create a family and medical trust fund in Delaware modeled after similar programs already passed in nine other states and the District of Columbia. The program would be funded through payroll contributions, totaling less than 1% of an employee’s weekly pay and split evenly between a worker and their employer.
Businesses with fewer than 25 workers would not be required to participate in the medical and family caregiving component of the program, and businesses with fewer than 10 workers would not be required to participate in parental leave, but they may opt-in. Businesses with comparable benefits would be able to opt-out of the program in whole or in part.
SB 1(S) passed the House 29-11 and now heads to the Senate for final consideration. The bill will receive a final vote this afternoon. Upon passage, it will head to Governor John Carney for his signature.
