This substitute for House Bill No. 128, like House Bill No. 128, does the following: This Act provides that the Paid Family and Medical Leave Insurance Program is the primary payor, and other paid leave benefits must be coordinated with this benefit according to the terms of the policy or procedure governing other benefits. This Act also allows disability insurance benefits to be offset by family and medical leave benefits paid to an employee pursuant to the terms of a disability insurance policy. This Act addresses private plans, and clarifies that an employer that meets its obligations under Chapter 37 of Title 19 through a private plan does not need to provide claim documentation to the Department except if there is an appeal, complaint, audit, or specific inquiry from the Department. Private plan employers with fewer than 25 employees that voluntarily elect to provide coverage under the Chapter that is otherwise exempted due to the size of their companies will be subject to all of the provisions of the Chapter. This Act establishes a Paid Leave Advisory Committee to review issues related to the implementation and administration of the Paid Family and Medical Leave Insurance Program and to review proposed statutory and regulatory amendments to the program. This substitute differs from House Bill No. 128 as follows: This substitute does not change the calculation of an application year or change the 24-month benefit period to a 12-month benefit period. This substitute adds provisions for child support garnishment of PFMLA benefits. This substitute prohibits the practice of requiring employees to use unused accrued paid time off before accessing PFMLA benefits. This substitute allows the Paid Leave Advisory Committee to begin meeting once the Delaware LaborFirst system is functional and the steering committee has been dissolved. This substitute specifies that family and medical leave benefits cannot be assigned and are exempt from the claims of creditors. This substitute sets forth procedures for executing upon judgments for amounts due under Chapter 37 of Title 19 or other titles subject to this chapter.
This Act is intended to supplement protections under federal law for members of the military, their families, and veterans by adding “military status” as a protected class for purposes of the State’s public accommodations, housing, insurance, education, and employment laws. Technical corrections are also made to existing statutory language to conform with the requirements of the Legislative Drafting Manual. This House Substitute No. 1 adds language to clarify that distinctions or differential treatment based on military status that are allowed by State law or regulation, federal law or regulation, or government contract, are not unfair or discriminatory practices. It also updates existing statutory language that was changed by 84 Del. Laws c 429.
This Act provides a one-time increase of 3% in aggregate worker’s compensation medical expenses to correct reimbursements for medical services coded as evaluation and management (E&M) for worker compensation cases. This is needed as the E&M reimbursement rate for Workers’ Compensation cases has fallen below the reimbursement rate of the Center for Medicare & Medicaid Services rates. This is a critical need as the State of Delaware is in critical need of physicians to accept and treat worker compensation patients.
This Act does the following: (1) Updates the Workers’ Compensation Act to reflect current practices and technology including enabling workers’ compensations payments to be by made by direct deposit. (2) Allows the Office of Workers’ Compensation to increase the reimbursement percentage of activities from 66.6% to 100%. This ensures that the inspection and safety functions of the Division of Industrial Affairs are fully covered as they are partially covered right now. Insurance carriers pay the assessment imposed by this section. The annual budget process provides caps or spend authorities on these appropriated special funds on an annual basis. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Senate Concurrent Resolution directs the Department of Health and Social Services to conduct a review of public assistance programs to identify benefit cliffs and consider these outcomes with perspective of asset-limited, income-constrained employed (ALICE) individuals. The Resolution also direct the Department of Health and Social Services to prepare a report that details its findings and recommendations by January 9, 2026.
This resolution recognizes April 28, 2025, as Workers Memorial Day in the State of Delaware and calls upon all Delawareans to remember those who have died on the job, to support policies that protect the living, and to advance the cause of safe and just workplaces for all.
This resolution addresses the issue of workplace violence in healthcare, encourages preventive measures, promotes collaboration and support for healthcare workers, and proclaims the month of April 2025 as “Healthcare Workplace Violence Prevention & Awareness Month” in the State of Delaware.
This concurrent resolution designates February 16-22, 2025, as "Grain Bin Safety Week" in Delaware. It recognizes the serious risks of grain handling - citing that over 900 engulfment incidents occurred nationwide with a 62% fatality rate in 50 years - and aims to raise awareness about preventing injuries and deaths in agriculture. The resolution directly affects Delaware’s agricultural community, including farmers, workers, and safety organizations, by promoting education on grain bin hazards. It does not create new laws or allocate funding but serves as a symbolic commitment to safety awareness.
This House Concurrent Resolution recognizes the significant contributions of nurses as frontline healthcare workers, recognizes the importance of basic protections and rights for this profession, and resolves that the rights of nurses are upheld and promoted throughout the state.
