19 Del. Admin. Code §§ 1401-18.0
Current through Register Vol. 27, No. 12, June 1, 2024
Section 1401-18.0 - Small business opt-in18.1 Voluntary. For all small businesses, the ability to opt-in to provide parental leave benefits, medical leave benefits, or family caregiving leave benefits, any or all of them, is voluntary. However, once an employer opts-in, compliance with the terms of the program is mandatory and applies to all covered individuals.18.2 Notice to the Division. For all opt-ins and opt-outs of any of the benefits, a small business must provide notice to the Division and its employees on the appropriate forms to be created by the Division and available on the Division's online portal system. All forms and processes shall take place in or by electronic means as established by the Division. Notwithstanding any provision to the contrary, employers who opt-in or opt-out of the State's public plan will do so on an effective date at the beginning of each calendar year. If the employer decides to opt-in to the public plan, they must do so for at least 3 years. If the employer then decides to leave the State's public plan, they must provide the employees with at least 12 months advanced notice before exiting the plan, which exit shall take effect not sooner than the end of the initial 3 year period.19 Del. Admin. Code §§ 1401-18.0
27 DE Reg. 52 (7/1/2023) (Final)