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HB181 • 2025

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

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
2025-06-17
Official status
Lieu/Substituted 6/17/25
Effective date
Not listed

Plain English Breakdown

The official status indicates the bill passed both chambers, but no final signature or specific effective date beyond the penalty start date is listed in the provided text.

HB181: Setting a Start Date for Penalties in Family and Medical Leave Insurance

This bill sets January 1, 2029, as the start date when fines can be charged to employers who break rules or treat workers unfairly under Delaware's family leave insurance program.

What This Bill Does

  • Sets January 1, 2029, as the start date for penalties in the Family and Medical Leave Insurance Program.
  • Requires a fine of $1,000 to $5,000 for each violation by employers who do not file reports or pay required contributions.
  • Imposes fines on employers who fire or discriminate against workers because they reported violations or testified about them.
  • Allows courts with proper authority to hear cases involving these civil penalties.
  • Directs that money collected from penalties must go into the program's Fund.

Who It Names or Affects

  • Employers in Delaware who participate in the Family and Medical Leave Insurance Program.
  • Employees who report violations or testify under this chapter of law.
  • Courts with jurisdiction to handle civil penalty claims related to these rules.

Terms To Know

Civil Penalty
A fine that an employer must pay for breaking the law, which is not a criminal charge but a financial punishment.
Fund
The specific account where money from penalties and overpayments is stored to support the program.

Limits and Unknowns

  • This bill only changes when the penalty rules start; it does not change how much employers must pay or what they must do.
  • The text does not say if other parts of the Family and Medical Leave Insurance Program have different effective dates.

Bill History

  1. 2025-06-17 Delaware General Assembly

    Substituted in House by HS 1 for HB 181

  2. 2025-06-17 Delaware General Assembly

    HS 1 for HB 181 - Reported Out of Committee (Labor) in House with 8 On Its Merits

  3. 2025-06-10 Delaware General Assembly

    Tabled in Committee

  4. 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 effective date of the penalty section of the Program to January 1, 2029.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Yearick & Sen. Pettyjohn

Reps. Collins, D. Short, Michael Smith, Hilovsky

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 181

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 § 3719, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3719. Penalties.

(a)

Beginning January 1, 2029, an

An

employer who violates or fails to comply with any requirement of this chapter, including failing to file reports as prescribed by the Department, failing to make contributions as required by this chapter, and failing to properly handle and remit wage deductions from employees to the Department, is deemed in violation of this chapter and is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

(b)

Beginning January 1, 2029, an

An

employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department under this chapter, or because the employee has caused to be instituted or is about to cause to be instituted any proceedings under this chapter, or has testified or is about to testify in any proceedings is deemed in violation of this chapter and is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

(c) A civil penalty claim may be filed in any court of competent jurisdiction.

(d) Funds from any civil penalty under this chapter, including an overpayment penalty as authorized by § 3712 of this title, must be deposited in the Fund.

SYNOPSIS

This bill changes the effective date of the penalty section of the Program to January 1, 2029.