There is no Delaware sick leave law for private employers: no Delaware law requires paid sick leave; the employer’s own policy or a union contract controls, and the federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers of 50 or more. This guide gives the exact delaware sick leave law rule with the date we verified it, the statute, and what to do next.
Rules verified against Delaware Department of Labor, Division of Industrial Affairs on 2026-10-08; confirm the current rule with Delaware Department of Labor, Division of Industrial Affairs or an attorney before you rely on it.
Delaware Sick Leave Law at a Glance
| Law | No state paid-sick-leave mandate |
| What applies instead | The employer’s policy; the federal FMLA (unpaid, employers of 50 or more) |
| Statute | No statute |
In This Delaware Sick Leave Law Guide:
Delaware Sick Leave Law: The Rule
No Delaware law requires paid sick leave; the employer’s own policy or a union contract controls, and the federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers of 50 or more. Many employers offer sick days anyway; once promised in a written policy, they are enforceable as part of your pay.
What Delaware Sick Leave Law Lets You Use Leave For
Delaware has no general paid sick leave law for private employers, so any sick time comes from your employer’s own policy, contract or union agreement. Since January 2026, Delaware Paid Leave, a state-run insurance program, has paid partial wages during leave for your own serious health condition, caring for a family member with a serious health condition, bonding with a new child, and certain military family needs.
The federal FMLA may also give eligible workers unpaid, job-protected leave for the same kinds of reasons.
Delaware Sick Leave Law at a Glance
Rules verified against Delaware Department of Labor, Division of Industrial Affairs on 2026-10-08; confirm the current rule with Delaware Department of Labor, Division of Industrial Affairs or an attorney before you rely on it. The statute row is where to check it yourself.
| Law | No state paid-sick-leave mandate |
| What applies instead | The employer’s policy; the federal FMLA (unpaid, employers of 50 or more) |
| Statute | No statute |
Accrual, Caps and Carryover Under Delaware Sick Leave Law
The state generally expects you to tell your employer ahead of time when leave is foreseeable, and as soon as you reasonably can when it is not. For medical or caregiving leave, the claim usually needs a certification from a health care provider, filed through the Delaware Department of Labor. Confirm the current claim steps with the agency.
Paid or Unpaid Under Delaware Sick Leave Law
Unpaid unless the employer promises pay; the FMLA is unpaid by design.
Delaware Sick Leave Law and Retaliation
Delaware’s paid leave law makes it unlawful for an employer to interfere with, discriminate against, or retaliate against a worker for applying for or taking covered leave. At the end of covered leave, the law also generally requires the employer to restore you to the same job or an equivalent one and to keep your existing health benefits during the leave.
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Local Rules and Delaware Sick Leave Law
Some cities add their own paid-leave ordinance on top of state law; the more generous rule applies.
Other Delaware Sick Leave Law Rules to Know
Delaware wage law requires employers to give workers their sick-leave and vacation policies in writing. Any sick or vacation pay an employer has promised generally must be paid when it is due. Leave that also qualifies under the federal FMLA usually runs at the same time and does not add to it.
Denied the leave you earned? The labor department enforces the sick-leave law for free.
Contact Delaware Department of Labor, Division of Industrial Affairs
Delaware — the bottom line
- The delaware sick leave law does not exist for private employers — the handbook and the federal FMLA are the rules.
- Under the delaware sick leave law promised sick days in a written policy are still enforceable pay.
- The delaware sick leave law question is answered by your employer policy, not the statute book.
Frequently Asked Questions
Is paid sick leave required in Delaware?
No. Delaware has no paid-sick-leave mandate for private employers.
How much sick leave do I get under Delaware sick leave law?
Whatever the employer’s policy provides.
Which employers are covered by the Delaware sick leave law?
No employer is required to provide it.
Can I be fired for using sick leave in Delaware?
Delaware’s paid leave law makes it unlawful for an employer to interfere with, discriminate against, or retaliate against a worker for applying for or taking covered leave.
When did the Delaware sick leave law take effect?
There is no such law.
Official Delaware Sources & Resources
- Delaware Department of Labor, Division of Industrial Affairs: https://labor.delaware.gov/divisions/industrial-affairs/
- Delaware statute: https://delcode.delaware.gov/title19/c037/index.html
- Verified source: https://marketingpreview.mercer.com/content/dam/mercer-dotcom/migrated-assets/blogs/law-and-policy/2025/07/pdf-2025-roundup-state-accrued-paid-leave-mandates.pdf
- Verified source: https://www.ep.com/legal-and-compliance/sick-and-paid-leave-laws-update/
- Verified source: https://www.hubinternational.com/en-us/hub-resources/absence-management-bulletins/2025/11/2025-2026-state-leave-law-updates/
- Verified source: https://www.postercompliance.com/blog/paid-sick-leave-laws-by-state/
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This delaware sick leave law guide was last verified against official Delaware sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Delaware Workplace Rights Guides
- Delaware PTO Laws: Is Unused Vacation Paid Out?
- Delaware Break Laws: Meal and Rest Breaks
- Delaware Labor Laws: Every Rule in One Place
- Delaware Unemployment Eligibility: Who Qualifies
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.