Some states have comprehensive laws that require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness. Delaware does not have such a law for its private employers. However, Delaware employers with 50 or more employees are covered by the federal Family and Medical Leave Act (FMLA).
An amendment to the Delaware Domestic Relations Act gives same-sex couples the right to marry (DE Code Tit. 13 Sec. 101 et seq.). Under the law, the same rights, benefits, protections, and legal responsibilities apply to married same-sex couples and opposite-sex couples.
Interaction with federal FMLA. Under the federal FMLA, a covered "spouse" is a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides. The U.S. Supreme Court’s 2013 decision in United States v. Windsor (S.Ct. No. 12-307, June 26, 2013) held that the federal Defense of Marriage Act’s (DOMA) definition of "marriage" as a legal union between one man and one woman is unconstitutional. Because marriages between same-sex couples are recognized in the state of Delaware, the federal FMLA’s definition of a “spouse” will apply to employees in a same-sex marriage who reside in the state.
The Volunteer Emergency Responders Job Protection Act, protects "volunteer emergency responders" from adverse employment actions resulting from their service as a volunteer. Specifically, the Act prohibits employers with 10 or more employees from terminating, demoting, or otherwise disciplining a volunteer firefighter, emergency medical technician, or fire police ...