HB179 • 2025

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

Healthcare Labor

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Yearick
Last action: 2025-06-10
Official status: House Labor 5/21/25
Effective date: Not listed

Plain English Breakdown

The official text shows a strike-through changing the exclusion threshold from 10 to 25 employees, confirming that businesses under 25 are no longer covered at all.

HB179: Changing Who Must Join Delaware's Family and Medical Leave Program

This bill changes the rules so that businesses with fewer than 25 workers do not have to join the state family and medical leave insurance program.

What This Bill Does

Changes the definition of an employer in the Family and Medical Leave Insurance Program.
Excludes any business that employs less than 25 people from having to follow rules in this chapter.

Who It Names or Affects

Businesses in Delaware with fewer than 25 workers

Terms To Know

Family and Medical Leave Insurance Program: A state program that gives paid time off for family or medical reasons.
Employer: Any person or company that hires workers in Delaware, as defined by the new rules in this bill.

Limits and Unknowns

The official status shows 'Not Enough Signatures to Release,' so it is unclear if this law will take effect.
No effective date is listed for when these changes would start.

Bill History

2025-06-10 Delaware General Assembly
Not Enough Signatures to Release
2025-05-21 Delaware General Assembly
Introduced and Assigned to Labor Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.
This bill changes the definition of employer in the Family and Medical Leave Insurance Program to exclude anyone who employs less than 25 employees in this State.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Yearick & Sen. Buckson

Reps. D. Short, Michael Smith, Hilovsky; Sen. Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 179

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3701, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§ 3701. Definitions.

For purposes of this chapter:

(7) a. “Employer” means all those who employ employees working anywhere in this State.

1. Employers with 10 to 24 employees during the previous 12 months shall be subject to only the parental leave provisions of this chapter. For purposes of this paragraph (7)a.1., “employees” includes those who meet the requirements of a covered individual under paragraphs (3)a. and (3)b. of this section or are reasonably expected to meet the requirements of a covered individual under paragraphs (3)a. and (3)b. of this section during the previous 12 months.

2. Employers with 25 or more employees during the previous 12 months shall be subject to all parental, family caregiving, and medical leave provisions of this chapter. For purposes of this paragraph (7)a.2., “employees” includes those who meet the requirements of a covered individual under paragraphs (3)a. and (3)b. of this section or are reasonably expected to meet the requirements of a covered individual under paragraphs (3)a. and (3)b. of this section during the previous 12 months.

3. “Employer” means the employer client company who enters into an agreement with a “professional employer organization” as defined by § 3302(12)(J) of this title. The employer client company shall be treated as the employer for purposes of this chapter.

b. “Employer” does not include any of the following:

1. Anyone who employs less than

employees in this State during the previous 12 months.

c. A spouse, as defined under the FMLA.

SYNOPSIS

This bill changes the definition of employer in the Family and Medical Leave Insurance Program to exclude anyone who employs less than 25 employees in this State.