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DE · state labor law, 2026

Delaware labor laws: minimum wage, overtime, leave, final pay and breaks

Delaware switched on a paid family and medical leave insurance program in January 2026, which makes this the first year its workers can draw benefits.

Delaware and federal rules checked on official sources on · Checked by Radif Partners · How we calculate

Minimum wage now
$15.00/h
statewide
Next change
none announced
checked October 11, 2026
Tipped cash wage
$2.23/h
tips must make up the rest
Overtime
40 h/week
federal FLSA rule
Paid sick leave
no state law
employer policy
Paid family leave
12 weeks
Delaware Paid Leave (Healthy Delaware Families Act)

The biggest change for Delaware workers in 2026 is Delaware Paid Leave, whose benefits became payable on January 1, 2026. An eligible employee, meaning one with at least 12 months and 1,250 hours at the same employer, can receive 80 percent of average weekly wages, between $100 and $900 a week, for up to 12 weeks a year across all reasons. Parental leave can use all 12 weeks, while your own serious health condition and care for a relative are each limited to 6 weeks every 24 months. The minimum wage is $15.00 an hour, the rate in force since January 1, 2025, and tipped staff can be paid a cash wage of $2.23 if tips bring them to that level. Employees who work seven and a half consecutive hours get an unpaid 30-minute meal break. Final wages, whether you quit or are let go, are due on the later of the next payday or three business days after your last day.

State

Delaware

Before taxes, without tips.

Gross pay for this week in Delaware

$600

Time and a half after 40 hours in a week (federal rule)

Minimum wage in Delaware now$15 an hour
Your rate against itAt or above the minimum
Overtime: none this week$0
Paid sick leave earned in a yearNo statewide paid sick leave law
Breaks owed in a 8-hour shift30 min meal
Final paycheck if firedthe later of the next regular payday or 3 business days after the last day worked
Unused vacation at the endPaid out if the employer policy or contract says so
Paid family leaveDelaware Paid Leave (Healthy Delaware Families Act), up to 12 weeks

40 hours a week at $15. State rule applied. Minimum wage, overtime and leave rules have exceptions by employer size and industry. How this is calculated.

The first year of Delaware Paid Leave

The Healthy Delaware Families Act created a state insurance program, and January 2026 was the moment claims opened. It covers four situations: bonding with a new child, care for a family member with a serious health condition, your own serious health condition, and certain military needs of a family member. The weekly benefit is 80 percent of what you earned on average over the prior 12 months, with a floor of $100 and a ceiling of $900. The ceiling stays at $900 in 2026 and 2027; after that the law indexes it to consumer prices in the Philadelphia area.

Two examples show where the ceiling bites. A cashier averaging $700 a week would receive $560 a week. A project engineer averaging $1,400 reaches 80 percent at $1,120, which the cap cuts to $900. Anyone earning more than $1,125 a week therefore gets the flat maximum. Over a full 12-week parental leave, the maximum adds up to $10,800.

Paid family leave in your state

Delaware Paid Leave (Healthy Delaware Families Act)

Up to 12 weeks

Weeks payable from your plan8
Maximum weekly benefit 2026$900.00
Most you could receive$7,200

Your benefit is a share of your own wages, up to the maximum.

FMLA eligibility and weeks left →

Who qualifies, and how the weeks are split

Eligibility is tied to one employer: a year of employment and 1,250 hours worked there. The test resembles the federal FMLA, which uses 1,250 hours too, but Delaware Paid Leave pays benefits, which the FMLA never does. The annual total is 12 weeks combined. Parental leave can use the whole amount in a year, while medical leave for yourself and family caregiving are each capped at 6 weeks in any 24-month period. A worker who needs surgery and later cares for a parent may find that the two caps, not the 12-week total, set the limit. Paid family leave in other states compares the programs.

Wage, tips and hours

Section 902 of Title 19 sets Delaware's minimum wage at $15.00 an hour effective January 1, 2025. A full-time year at that rate is $31,200. For tipped jobs, the employer may pay $2.23 an hour to staff who regularly receive more than $30 a month in tips, but the cash wage plus tips must reach $15.00 for each hour. Weekly overtime for covered employees is set by the federal rule of time and a half after 40 hours, with the federal exempt salary of $684 a week.

Do your tips cover the minimum wage?

Employer top-up owed per hour

$8.77

Cash wage$2.23
Cash wage + tips$6.23
Minimum wage in Delaware$15.00
Top-up over a 30-hour week$263
Minimum wage by state →

Meals and the last paycheck

The meal break is 30 consecutive unpaid minutes for anyone working 7.5 or more consecutive hours, taken after the first 2 hours of work and before the last 2. Delaware is unusual in using one rule for every kind of departure: whether an employee quits, resigns, is discharged, suspended or laid off, wages are due on the later of the next regular payday or three business days after the last day worked. Vacation and other wage supplements are owed only as an agreement or policy provides. The Office of Wage and Hour in the Division of Industrial Affairs takes complaints and rules on each one.

Delaware employment rules at a glance, 2026

Minimum wage schedule

Delaware minimum wage rows for 2026 and any announced 2027 rate.
FromWho it coversRateNote
January 1, 2025Statewide$15.00unchanged throughout 2026; no automatic indexing in the statute

Workers covered by both laws get the higher rate. Read the Delaware rule.

Overtime

Time and a half after 40 hours in a week. The salary test for exempt employees is the federal $684 a week. No general state overtime statute found in Title 19; private-sector overtime follows the federal FLSA (time and a half after 40 hours). source

Sick leave and family leave

Delaware has no statewide paid sick leave law for private employers; leave depends on the employer's policy or a city ordinance. No statewide paid sick leave law for private employers; own serious health condition is covered by Delaware Paid Leave insurance (up to 6 weeks every 24 months) since 2026-01-01. source

Delaware Paid Leave (Healthy Delaware Families Act): up to 12 weeks, benefits payable since January 1, 2026, 80% of average weekly wages over the prior 12 months, minimum $100/week, maximum $900/week, maximum $900.00 a week in 2026. own serious health condition: up to 6 weeks every 24 months; family care and military exigency: 6 weeks every 24 months; parental: 12 weeks per year; 12 weeks combined per year. source

Final paycheck and unused vacation

Fired or laid off: the later of the next regular payday or 3 business days after the last day worked. Quitting: the later of the next regular payday or 3 business days after the last day worked. Vacation: vacation and other wage supplements are owed only as provided by the employer's agreement or policy (19 Del. C. § 1109). source vacation rule

Meal and rest breaks

Meal: unpaid 30 consecutive minutes for 7.5 or more consecutive hours, after the first 2 hours and before the last 2 hours. No paid rest break is required for adults. source

Unions and dismissal

Delaware has no right-to-work law, so a union contract may require a fee from the workers it covers. Employment is at will: either side may end it at any time, except for an illegal reason such as discrimination or retaliation, or against a contract.

Also worth knowing in Delaware

  • Delaware Paid Leave claims opened on January 1, 2026: eligible workers (12 months and 1,250 hours with the same employer) get 80% of wages up to $900 a week. source
  • The $900 maximum weekly paid-leave benefit is fixed for 2026 and 2027, then indexed to the Philadelphia-area CPI. source
  • Final wages are due on the later of the next regular payday or three business days after the last day worked, whether the worker quits or is fired. source

Questions people ask

When did Delaware Paid Leave start paying benefits?

Benefits became available on January 1, 2026. Eligible employees receive 80% of their average weekly wages, with a minimum of $100 and a maximum of $900 a week, for up to 12 weeks a year in total. To qualify you need at least 12 months of employment and 1,250 hours worked with the same employer. The $900 cap holds through 2027.

How many weeks of medical leave can I take under Delaware Paid Leave?

For your own serious health condition, up to 6 weeks every 24 months. Family caregiving has the same 6-week limit, and parental leave allows up to 12 weeks a year. All reasons together cannot exceed 12 weeks in a year. The benefit replaces 80% of average weekly wages up to $900, and the Delaware Department of Labor processes the claims.

How soon do I get my final paycheck if I quit in Delaware?

Delaware uses the same deadline for quitting and for being fired, suspended or laid off: your wages are due on the later of the next date they would normally be paid or three business days after your last day worked. Vacation is included only if your employer agreed to pay it under a policy or contract, so the written policy decides that part.

What is the tipped minimum wage in DE?

Employers may pay a cash wage of $2.23 an hour to employees who customarily receive more than $30 a month in tips. Tips must bring total earnings to at least $15.00 an hour, and the employer must cover any shortfall. A worker whose tips are low in a given week is still owed the full minimum for each hour.

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General information, not legal advice: the calculators apply the published federal and state rules to the numbers you enter. Union contracts, local ordinances, industry wage orders and exemptions can change the answer; the state labor agency decides a wage claim.

Federal and state employment rules for 2026, checked on official sources on