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Types of Leaves in Delaware

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Holiday

In Delaware, there is no state or federal law that requires employers to provide paid or unpaid holiday leave to their employees. However, many employers offer 10 days of paid leave after the first year of employment.

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Sick leave

In Delaware, there is currently no state or federal law that requires employers to provide paid sick leave to their employees, although some organisations do. However, the state’s Healthy Delaware Families Act (HDFA) was passed in 2022 and will be implemented in 2025. Under this law, employees will be entitled to up to 12 weeks’ paid leave for medical and family reasons. Can an employer deny sick time in Delaware? Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid sick leave per year, provided they: Have worked for the same employer for at least 12 months Work in a location where at least 50 people are employed by the company within a 75-mile radius

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Parental and maternity leave

Under the FMLA, employees are entitled to up to 12 weeks of unpaid maternity or paternity leave. Some organisations opt to pay a reduced pay during this period. Note that, from January 2025, employees will be entitled to paid parental leave under the HDFA.

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Bereavement leave

Employers are not legally required to provide bereavement leave to their employees, although most organisations offer unpaid leave.

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Jury duty

Employees must report for jury duty if summoned (unless exempt). Jurors are typically “on call” for two weeks. Do employers have to pay for jury duty in Delaware? No. Private sector employers are not required to pay employees on jury service, but they must provide unpaid leave, and cannot penalise or terminate an employee on jury duty. Some employers provide paid leave.

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Military leave

Under federal law, employers must grant unpaid leave to employees who are members of the military or the National Guard for military duty or training. These employees have the right to take time off for their military obligations, and employers are prohibited from discriminating against them based on their military service.