Human Resource Blog

Delaware Maternity Leave

Does Delaware have a separate maternity leave law?

For prospective mothers–and fathers–Delaware, along with 38 other states, uses the FMLA to provide leave. So, the short answer to your question is no.

The FMLA, Family and Medical Leave Act of 1993, allows a worker to take up to 12 weeks of unpaid leave per year — job-protected — to tend to family and medical situations, including the birth of a child. To be eligible to offer FMLA, a business must have 50 or more employees at one work site (within 75 miles). The employee must qualify as well, based on the previous 12 months earnings, plus the number of hours worked.

There are 11 states that do have maternity leave or short-term disability laws on their books. Five states offer state-mandated short-term disability programs. Under the PDA, or Pregnancy Discrimination Act, states that offer benefits for any type of leave, must also offer the same benefits for maternity leave.

Conversely, if an employer doesn’t offer benefits for other types of leave, then the state does not require that employer to offer maternity leave benefits.

The five states that offer short-term disability pay these benefits based on percentage of the woman’s average weekly income. California, Connecticut, Hawaii, New Jersey, New York and Rhode Island provide new mothers and pregnant women with benefits ranging from 50% to 67%.

Remember that maternity leave benefits in these states only apply for as long as the woman is unable to work — as confirmed by her physician. Normally that period extends from 4 weeks before the date the baby is due until 6 weeks afterwards. Complications, caesarian births and other problems can extend a woman’s need for disability, however. Fortunately the states allow up to 26 weeks of disability, but then place a cap on benefits. California is the only state that doesn’t cap at 26 weeks, allowing up to a year (but with a cap on the amount of weekly benefits paid.) JH