DE HB438

Transfers responsibility for eligibility determinations and claims decisions from employers to the Department of Labor, which may contract with other entities to review and adjudicate claims for benefits.

Clarifies that schools are not exempt from employer requirements and establishes that family leave benefits cease upon the death of the individual for whom an employee took approved family leave.

Changes the 24-month benefit period calculation to a 12-month period and removes provisions allowing employers to require employees to use accrued paid time off before accessing family and medical leave benefits.

Requires the Department to set contribution rates, statewide average weekly wages, and maximum benefits by October 1 each year and limits civil penalties for violations to cases involving willful misconduct or gross negligence.

Establishes procedures for child support deductions from family and medical leave benefits and authorizes the Department to garnish bank accounts and wages to enforce judgments related to program violations.