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: Out of Committee 6/17/25
Effective date: Not listed

Plain English Breakdown

The bill summary text does not provide specific details on enforcement mechanisms after January 1, 2027.

Changes to Delaware's Family and Medical Leave Insurance Program

This act changes the penalties for violations of Delaware's Family and Medical Leave Insurance Program, making some effective immediately while delaying others until January 1, 2027.

What This Bill Does

Keeps immediate penalties for violating Sections 3707 (leave and employment protection) and 3708 (retaliatory personnel actions prohibited).
Delays penalties for violations other than Sections 3707 and 3708 until January 1, 2027.
Defines not remitting contributions collected from employees as wage theft under Delaware law.

Who It Names or Affects

Employers who do not comply with the Family and Medical Leave Insurance Program.
Employees protected by Sections 3707 and 3708 of the program.

Terms To Know

Family and Medical Leave Insurance Program: A state program that provides leave for family or medical reasons with insurance benefits.
Wage theft: When an employer does not pay employees what they are owed, such as withholding contributions collected from them.

Limits and Unknowns

The bill does not specify penalties for violations after January 1, 2027.
It is unclear how the changes will be enforced or monitored by the state.

Bill History

2025-06-17 Delaware General Assembly
Adopted in lieu of the original bill HB 181, and Assigned to Labor Committee in House
2025-06-17 Delaware General Assembly
Reported Out of Committee (Labor) in House with 8 On Its Merits

Official Summary Text

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.
HB181 removed penalties for all violations of the Family and Medical Leave Insurance Program until January 29, 2029. The substitute revised this timeline to two years for some violations, making them effective January 1, 2027, and maintains violations for § 3707 of the act-leave and employment protection and § 3708 of the act-retaliatory personnel actions prohibited.

For those employers who do not remit contribution collected from employees, as the Family and Medical Leave Insurance Program allows, this will be a violation considered wage theft under 19 Del. C §1102A(a)(3).

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Yearick & Sen. Pettyjohn

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

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

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) 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.

(a) An employer who violates or fails to comply with either Sections 3707 or 3708 of this Chapter 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, effective immediately. An employer who violates or fails to comply with any requirement of this chapter, except Sections 3707 or 3708 shall be deemed in violation of this chapter and subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation, effective as of January 1, 2027.

(b) 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)

(b)

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

(d)

(c)

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

HB181 removed penalties for all violations of the Family and Medical Leave Insurance Program until January 29, 2029. The substitute revised this timeline to two years for some violations, making them effective January 1, 2027, and maintains violations for § 3707 of the act-leave and employment protection and § 3708 of the act-retaliatory personnel actions prohibited.

For those employers who do not remit contribution collected from employees, as the Family and Medical Leave Insurance Program allows, this will be a violation considered wage theft under 19 Del. C §1102A(a)(3).