Delaware bill would cut 12-month wait for paid leave insurance

The bill targets Delaware’s Family and Medical Leave Insurance Program, a state-run insurance program that pays out benefits to eligible workers who need to take family or medical leave. Right now, qualifying for benefits means clearing two separate tests. A worker must have been employed by their employer for at least 12 months, and they must have logged at least 1,250 hours of service during the prior year – a standard lifted straight from the federal Family and Medical Leave Act. 

SB 360 would eliminate the 12-month tenure test entirely, while leaving the 1,250-hour threshold untouched. That single change opens the door for employees to become eligible for paid leave benefits well before their first work anniversary, as long as they’ve put in enough hours. A new hire working full-time could realistically clear the 1,250-hour bar in under a year – something the current rule blocks regardless of how many hours they’ve worked. 

The bill’s synopsis spells out the intent directly: the change “would make eligible for the Program individuals who meet the hours-of-service requirement in less than 12 months.” 

For HR and benefits teams, the practical fallout lands squarely on eligibility screening. Any internal process that checks new hires against a 12-month tenure rule would need to be rebuilt around the hours-only standard. That also means closer coordination with whichever insurance carrier or third-party administrator handles claims under the Program, since the population of eligible employees could shift earlier in the employment lifecycle than current systems are built to catch. 

SB 360 is still early in the legislative process, sitting with committee review rather than heading to a floor vote. Its path to passage, and any effective date, remain unclear. HR and benefits teams in Delaware should treat this as one to track rather than act on just yet.