Delaware recently made changes to its Paid Family and Medical Leave Insurance Program (PFMLA) through House Substitute No. 1 for House Bill No. 128. The changes, effective immediately, offer new compliance requirements and clarify aspects of the law for employers planning for the program’s launch. The amendments prohibit employers from having employees use accumulated paid time off before accessing PFMLA benefits, but employers and employees can mutually agree to use paid time off to supplement paid leave benefits.

Employees now must disclose any outstanding child support obligations if they apply for paid leave benefits. If eligible, the Department of Labor must notify the appropriate enforcement agency and deduct owed amounts from the employee’s benefit payments. The law clarifies that PFMLA benefits are the primary source of income replacement and employers must coordinate benefits like disability insurance with PFMLA payments.

The amendment removes the requirement for employers using private plans to submit claim documentation to the Department, unless it involves an appeal, complaint, audit, or specific inquiry. Employers with less than 25 employees offering PFMLA coverage are now subject to all legal provisions, aligning smaller and larger employer obligations.

The PFMLA changes establish a Paid Leave Advisory Committee, comprised of both employer and employee group representatives, to assist in the implementation and administration of the program. To enforce compliance, the Department can execute judgments via property levies, bank account garnishments, and wage garnishments. Garnishees must respond within 20 days of receiving notice or face penalties. Finally, PFMLA benefits can’t be claimed by creditors or be assigned or encumbered, except in cases involving child support garnishment.

If you need to get a hold of the Paid Family and Medical Leave Insurance Program, eddcaller.com provides comprehensive and up-to-date contact details ensuring you connect with the right service personnel promptly and efficiently. Get help regarding new changes to the program, claim documentation, appeals, or other specialized inquiries.