In 2025, understanding Delaware leave laws and holiday policies is essential for both employees and employers to ensure compliance and maximize benefits. Delaware offers a range of leave entitlements, including paid time off (PTO), sick leave, family and medical leave, and more, each governed by state and federal laws. Whether you’re navigating vacation accrual, sick leave policies, or holiday entitlements, this guide will provide an in-depth look at the legal requirements and best practices for managing time off in Delaware. For an efficient and user-friendly solution to track employee leave, Day Off is an excellent tool that simplifies the process for both employees and managers.
Paid Time Off (PTO) in Delaware
Leave Quota:
Delaware leave laws does not have a state-mandated law for PTO quotas, leaving it to employers to define their own policies regarding vacation time and paid leave. Employers often establish leave quotas based on factors such as employee tenure, job classification, or work hours. It is common for employers to provide between 10 to 15 days of PTO annually, though this can vary widely.
Accrual:
PTO in Delaware is generally accrued based on an employee’s time worked. Employers often allow PTO to accumulate incrementally, for example, at a rate of a certain number of hours per pay period. Employees typically start accruing PTO from their date of hire, with accrual policies clearly outlined in the employer’s PTO policy. In 2025, many Delaware employers continue to follow accrual systems that reward long-term service, offering higher accrual rates for employees with more years of service.
Rollover:
Rollover policies for PTO in Delaware are typically determined by the employer. Some companies implement a “use-it-or-lose-it” policy, where employees must use their PTO within a set time frame, such as within a calendar year, or risk forfeiting unused leave. Others allow employees to roll over a portion or all of their unused PTO to the following year. Delaware does not mandate rollover laws, so it is important for employees to understand their specific employer’s policy in 2025.
Payment of Accrued, Unused Vacation on Termination:
Delaware leave laws does not require employers to pay out unused vacation time upon termination unless the employer’s policy or employment contract stipulates such payments. In 2025, many employers in Delaware specify in their PTO policies whether employees will be compensated for unused vacation time when they leave the company. If an employer’s policy includes payout provisions, they are legally obligated to follow through, and employees should be compensated for any accrued, unused vacation at the time of termination. Conversely, if no policy is in place, employers may not be required to offer this benefit.
Sick Leave in Delaware
Federal Laws
At the federal level, there is no specific law that mandates a leave quota for paid sick leave. However, the Family and Medical Leave Act (FMLA) continues to provide certain protections to eligible employees in Delaware in 2025. Under FMLA, employees are entitled to up to 12 weeks of unpaid leave per year for specific reasons such as a serious health condition, caring for an immediate family member with a serious health condition, or bonding with a new child. FMLA does not provide paid sick leave, but it does ensure job protection and continued health insurance coverage during the leave period. Employers covered by FMLA are generally those with 50 or more employees, and eligibility requirements include having worked for the employer for at least 12 months.
State Laws
Delaware does not have a statewide law mandating paid sick leave for private sector employees. In 2025, sick leave policies in Delaware are typically determined by the employer. However, many employers voluntarily offer paid sick leave as part of their benefits packages. In such cases, the amount of sick leave, accrual rates, and usage rules are set by individual employers.
For public employees, Delaware law provides certain protections. State government workers generally have access to sick leave benefits, with the amount of leave varying based on their length of service and position. Public employees can accumulate sick leave, and unused sick leave can often roll over from year to year, contributing to their overall leave quota.
While Delaware does not require paid sick leave for private companies, some employers may be covered by federal contracts, and thus subject to the Executive Order 13706. This regulation mandates that contractors with the federal government provide up to 7 days (56 hours) of paid sick leave annually for their employees, accrued at a rate of 1 hour of leave for every 30 hours worked. This order applies to certain federal contractors operating in Delaware in 2025.
Maternity, Paternity, FMLA in Delaware
Federal Laws
At the federal level, the Family and Medical Leave Act (FMLA) continues to be the primary law governing maternity and paternity leave in Delaware in 2025. FMLA allows eligible employees to take up to 12 weeks of unpaid leave per year for qualifying reasons, including the birth of a child, the placement of a child for adoption or foster care, or to care for a newborn. This law applies to both mothers and fathers, offering equal protections for maternity and paternity leave.
To qualify for FMLA leave, an employee must have worked for their employer for at least 12 months and have worked a minimum of 1,250 hours over the past year. Additionally, the employer must have at least 50 employees within a 75-mile radius. While FMLA guarantees job protection and continuation of health benefits during leave, it does not require employers to provide paid leave. However, employees may choose or be required to use their accrued paid leave (such as PTO or sick leave) concurrently with FMLA.
Additional State Laws
Delaware leave laws does not have specific state laws mandating paid maternity or paternity leave for private-sector employees. However, in 2025, Delaware continues to offer unpaid family leave under the Delaware Parental Leave Law. This state law closely mirrors FMLA but applies to state government employees, providing job-protected leave for the birth, adoption, or placement of a child. State employees in Delaware are entitled to 12 weeks of unpaid leave during the first year after the birth or adoption of a child. This leave can be used by either parent, ensuring equal access to paternity leave.
Additionally, Delaware employers are required to comply with the federal Pregnancy Discrimination Act (PDA), which protects pregnant employees from discrimination. Under the PDA, employers must provide reasonable accommodations to pregnant workers, such as modified work duties or schedule changes. This includes ensuring that pregnant workers are not forced to take leave if reasonable accommodations can be made to allow them to continue working.
Paid Family and Medical Leave (PFML):
While Delaware does not have its own statewide Paid Family and Medical Leave (PFML) program in 2025, the state is closely watching national trends and may consider adopting such policies in the future. Several states have enacted PFML programs that provide partial wage replacement during family or medical leave, but Delaware has yet to pass such legislation. Currently, Delaware workers must rely on employer-provided benefits, if available, or use FMLA and unpaid state leave options.
Employers in Delaware are encouraged to develop family-friendly policies that support maternity and paternity leave, and many businesses offer paid parental leave as part of their benefits packages. As a result, employees in Delaware may have access to paid leave through employer-sponsored programs, even though no state law mandates it.
Bereavement Leave in Delaware
In 2025, Delaware does not have a state-mandated law that requires employers to provide bereavement leave. However, many employers in Delaware voluntarily offer bereavement leave as part of their benefits packages, typically granting 3 to 5 days of paid or unpaid leave to employees following the death of an immediate family member. The specifics of bereavement leave, including the amount of time off and whether it is paid or unpaid, are generally determined by individual employer policies. For state government employees, Delaware offers some provisions for bereavement leave, allowing them to take time off to mourn the loss of a loved one. Employees should review their company’s specific policies regarding bereavement leave to understand the time and support available to them during such difficult times.
Jury Duty Leave in Delaware
In 2025, Delaware provides protections for employees serving on jury duty, ensuring they can fulfill their civic responsibility without fear of losing their job. Employers in Delaware are prohibited from penalizing employees for attending jury duty, including firing, threatening, or coercing them to avoid participation. However, Delaware law does not require employers to provide paid leave for jury duty, so compensation during this period varies by company policy. Employees are generally required to notify their employer in advance and provide documentation of their jury service. This ensures that employees can serve without undue hardship, while also maintaining their job security during this time.
Military Leave in Delaware
In 2025, Delaware upholds the rights of employees who serve in the military through protections under both federal and state laws. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), Delaware employers are required to provide leave for employees called to active duty, training, or other military obligations. Employees are entitled to return to their positions with the same seniority, benefits, and pay they would have received had they not taken leave. Delaware law further ensures that public employees receive paid military leave for up to 15 days per year. Private employers are not required to offer paid leave, but employees must be allowed unpaid leave for military service. This ensures that service members can fulfill their duties without jeopardizing their civilian employment.
Voting Leave in Delaware
In 2025, Delaware does not have specific state laws mandating paid or unpaid leave for employees to vote. However, employers are encouraged to accommodate employees who need time off to participate in elections, especially when polling hours may conflict with work schedules. Employees should plan ahead and, where necessary, coordinate with their employer to ensure they have adequate time to vote, whether before or after their work shift. Employers in Delaware are generally encouraged to foster civic participation, even though they are not legally obligated to provide time off for voting.
Delaware State Holidays in 2025
In 2025, Delaware recognizes several state holidays that offer employees time off to observe and celebrate important events.
Holiday
New Year’s Day
Martin Luther King Jr. Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Date
January 1, 2025 (Wednesday)
January 20, 2025 (Monday)
February 17, 2025 (Monday)
May 26, 2025 (Monday)
July 4, 2025 (Friday)
September 1, 2025 (Monday)
November 11, 2025 (Tuesday)
November 28, 2025 (Thursday)
December 25, 2025 (Thursday)