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The leave law landscape continues to shift, with new updates in Delaware and Illinois that impact paid family, medical, and military leave programs. Employers operating in these states should review the latest changes to ensure ongoing compliance and to support their workforce effectively.
Delaware — Healthy Delaware Families Act (Paid Family and Medical Leave)
Recent amendments effective January 1, 2026
Delaware has enacted changes to its upcoming Paid Family and Medical Leave (PFML) program, affecting benefit administration, employer obligations, and employee rights, among others.
Key changes:
- Child support garnishment and creditor protection:
- PFML benefits may be intercepted for child support obligations; employees must disclose these when filing claims.
- The Department of Labor will deduct and remit child support amounts, with employers not responsible for garnishment.
- PFML benefits are protected from creditor claims and cannot be assigned, pledged, or encumbered.
- PFML benefits may be intercepted for child support obligations; employees must disclose these when filing claims.
- Private plan applications:
- Employers will soon be able to apply for private PFML plans on a rolling basis, with effective dates at the start of each calendar quarter.
- Applications for new private plans begin October 1, 2025, with an effective date of January 1, 2026.
- Employers will soon be able to apply for private PFML plans on a rolling basis, with effective dates at the start of each calendar quarter.
- Employer contributions for private plans:
- Employers with approved self-insured private plans may begin collecting employee contributions as early as July 30, 2025.
- Employers with approved self-insured private plans may begin collecting employee contributions as early as July 30, 2025.
- Private plan administration:
- Claim documentation is only required for appeals, audits, or inquiries.
- Small employers (<25 employees) opting into private plans must meet all compliance obligations.
- Claim documentation is only required for appeals, audits, or inquiries.
- Coordination of benefits and PTO use:
- Employers cannot require employees to exhaust PTO before accessing PFML, but mutual agreements to supplement PFML with PTO are allowed.
- Employers cannot require employees to exhaust PTO before accessing PFML, but mutual agreements to supplement PFML with PTO are allowed.
- PFML as primary payor:
- PFML is now the primary payor; other income replacement benefits (e.g., STD/LTD) must coordinate accordingly.
- PFML is now the primary payor; other income replacement benefits (e.g., STD/LTD) must coordinate accordingly.
- Regulatory amendments:
- Average weekly wage is now calculated using the four most recent completed calendar quarters.
- Six-week entitlement cap applies to family caregiving, medical, and qualified exigency leave within a 24-month period.
- Employee count for coverage is determined quarterly, with coverage changes effective after a 30-day notice period.
- Payroll contributions and splits clarified for different employee classes.
- Employees may elect income tax withholding from PFML benefits.
- Average weekly wage is now calculated using the four most recent completed calendar quarters.
- Employer action steps:
- Update handbooks, policies, and employee communications to reflect new offsets/deductions, contributions, and coverage changes.
- Adjust payroll systems for wage reporting, early private plan deductions, and contribution remittance and splits.
- Implement quarterly headcount tracking and compliance calendars for notice deadlines for small employers.
- Train HR, payroll, and benefits teams on entitlement caps, benefit coordination, and employee communications.
- Update handbooks, policies, and employee communications to reflect new offsets/deductions, contributions, and coverage changes.
Illinois — Military Leave Act (formerly Family Military Leave Act)
Updates effective August 1, 2025
Illinois has amended its Family Military Leave Act, now renamed the Military Leave Act, with new paid leave entitlements and expanded protections.
Key changes:
- New paid leave for funeral honors detail:
- Employers with 51+ employees must provide up to 8 hours/month (max 40 hours/year) paid leave for eligible employees participating in funeral honors details.
- Eligible employees must be trained and either retired/active military members or authorized providers.
- Reasonable notice must be provided and documentation may be required.
- Leave can be taken without exhausting PTO or other available leave.
- Employers may deny requests if staffing minimums in care facilities would be compromised.
- Employers with 51+ employees must provide up to 8 hours/month (max 40 hours/year) paid leave for eligible employees participating in funeral honors details.
- Expanded protection:
- Job restoration, benefits continuation, and accrued benefit protection now extend to employees taking funeral honors detail leave.
- Job restoration, benefits continuation, and accrued benefit protection now extend to employees taking funeral honors detail leave.
- Employer action steps:
- Update policies and procedures to reflect new paid leave entitlements and expanded protections.
- Establish documentation and approval processes for funeral honors detail leave.|
- Train HR and managers on eligibility, notice requirements, and circumstances for denial.
- Ensure payroll and benefits systems support job protection and benefits continuation for affected employees.
- Update policies and procedures to reflect new paid leave entitlements and expanded protections.
How Alight Leave Solutions is responding
Alight Leave Solutions will update its leave administration services to reflect these recent legislative changes. This includes updates on paid and unpaid family and medical leave offerings, ensuring compliance with state-specific requirements, as well as training our internal teams on the changes.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Employers should consult legal counsel for guidance specific to their organization.
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