(a) The amount of family and medical leave benefits is to be determined as follows: (1) The weekly benefit must be 80% of the covered individual's average weekly wages rounded up to the nearest even $1.00 increment during the 12 months preceding submission of the application. (2) The minimum weekly benefit may not be less than $100 a week, except that if the covered individual's average weekly wage is less than $100 a week, the weekly benefit must be the covered individual's full wage. (3) The maximum weekly benefit in 2026 and 2027 must be $900. In each year after 2027, the maximum weekly benefit must increase in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban Consumers, Philadelphia- Camden-Wilmington Metropolitan area that is published by the Bureau of Labor Statistics of the United States Department of Labor. In each year after 2027, the period of change must be calculated from October 2026 to the October before the start of the calendar year. When the Department determines a maximum weekly benefit amount using the Consumer Price Index under this paragraph (a)(3), the amount must be rounded to the nearest even $5.00 increment as determined in the discretion of the Secretary. (b) Family and medical leave benefits are not payable for less than 1 work day of covered leave taken in 1 work week. (c) The Department shall determine, by regulation, how benefits are to be calculated for covered individuals with more than 1 source of wages and when 12 months of wages preceding the submission of application for benefits are not available to the Department. (d) An individual filing a new claim for family and medical leave benefits shall, at the time of filing such claim, disclose whether the individual owes child support obligations. If the individual owes child support obligations, and the individual is eligible for family and medical leave benefits, the Department must notify the state or local child support enforcement agency enforcing such obligation that the individual has been determined to be eligible for family and medical leave benefits and must deduct and withhold such child support obligations from the individual's family and medical leave benefit amount. (1) Any amount deducted pursuant to this subsection must be paid by the Department to the appropriate state or local child support enforcement agency and for all purposes be treated as if it were paid to the individual as family and medical leave benefits. (2) This subsection applies only if the state or local child support enforcement agency makes appropriate arrangements for reimbursement for the administrative costs incurred by the Department under this subsection that are attributable to child support obligations being enforced by the state or local child support enforcement agency. (3) Under this section, "child support obligation" includes only obligations that are being enforced pursuant to a plan described in
‹ Prev All Delaware sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.