HB 409 Summary

• Requires all Delaware employers to provide employees with a minimum of 1 hour of earned sick time and safety leave for every 30 hours worked, effective January 1, 2024.

• Employees may use accrued leave for their own or family members' mental or physical illness, preventative care, childbirth/adoption, school-related needs, and to address domestic violence, sexual offense, or stalking situations.

• Small businesses with 9 or fewer employees may provide unpaid, job-protected leave; all other employers must provide paid leave at the employee's regular wage and benefits.

• Employers may cap annual accrual at 40 hours, carryover at 40 hours, and total balance at 80 hours; employees have a 90-day waiting period before using accrued leave.

• Employers are prohibited from retaliating against employees for using leave or complaining to the Department of Labor, with violations subject to civil penalties of $1,000 to $5,000 per violation plus actual damages.