Section 3701 - DefinitionsFor purposes of this chapter:
(1) "Application year" means the 12-month period as defined in the FMLA.(2) "Child" means "son or daughter" as defined in the FMLA.(3) "Covered individual" means an individual who meets all of the following:a. Has been employed for at least 12 months by the employer with respect to whom leave is requested.b. Has been employed for at least 1,250 hours of service with the employer during the previous 12-month period. For purposes of determining whether an individual meets the service hours requirement under this paragraph (3)b., the legal standards established under the FMLA apply.c. The administrative requirements under this chapter.d. Has submitted an application under this chapter.(4) "Covered leave" means leave provided under this chapter.(5) "Department" means the Department of Labor.(6)a. "Employee" means an individual employed by an employer. For the purposes of this chapter, individuals primarily reporting for work at a worksite in this State are employees unless otherwise excluded. Individuals primarily reporting for work at a worksite outside of this State are not considered employees under this chapter unless the employer elects to classify them as such. Employers may reclassify an employee as primarily reporting for work at a worksite in another state for the purposes of this chapter through the duration of that individual's tenure at the out-of-state worksite. b. "Employee" does not include an individual covered under § 5903(17)a. of Title 29, an individual employed by entities in Title 14 in a position that would be covered under § 5903(17)a. of Title 29, or an individual in an equivalent position with an entity covered by State employee benefits.(7)a. "Employer" means all those who employ employees working anywhere in this State. 1. Employers with 10 to 24 employees during the previous 12 months shall be subject to only the parental leave provisions of this chapter. For purposes of this paragraph (7)a.1., "employees" includes those who meet the requirements of a covered individual under § 3701(3)a. and (3)b. of this title or are reasonably expected to meet the requirements of a covered individual under § 3701(3)a. and b. of this title during the previous 12 months.2. Employers with 25 or more employees during the previous 12 months shall be subject to all parental, family caregiving, and medical leave provisions of this chapter. For purposes of this paragraph (7)a.2., "employees" includes those who meet the requirements of a covered individual under § 3701(3)a. and (3)b. of this title or are reasonably expected to meet the requirements of a covered individual under § 3701(3)a. and b. of this title during the previous 12 months.3. For purposes of this chapter, "employer" means the employer client company who enters into an agreement with a professional employer organization as defined by § 3302(8)(J) of this title. The employer client company shall be treated as the employer for purposes of this chapter.b. "Employer" does not include any of the following:1. Anyone who employs less than 10 employees in this State during the previous 12 months.2. The federal government.3. Any business that is closed in its entirety for 30 consecutive days or more per year.(8) "Family and medical leave benefits" means benefits provided under this chapter.(9) "Family caregiving leave" includes leave under § 3702(a)(2) and (a)(4) of this title.(10) "Family caregiving leave benefits" means benefits paid under § 3704 of this title and provided under § 3702(a) of this title to a covered individual while the covered individual is on family leave.(11) "Family member" means all of the following: a. A parent, as defined under the FMLA.c. A spouse, as defined under the FMLA.(12) "FMLA" means the Family and Medical Leave Act, 29 U.S.C. Chapter 28.(13) "Fund" means the Family and Medical Leave Insurance Account Fund created under this chapter.(14) "Health care provider" means as defined under the FMLA.(15) "Medical leave" includes leave under § 3702(a)(3) of this title.(16) "Medical leave benefits" means benefits paid under § 3704 of this title and provided under § 3702(a) of this title to a covered individual while the covered individual is on medical leave.(17) "Parental leave" includes leave under § 3702(a)(1) of this title.(18) "Parental leave benefits" means benefits paid under § 3704 of this title and provided under § 3702(a) of this title to a covered individual while the covered individual is on parental leave.(19) "Qualifying exigency" means as defined under the FMLA.(20)a. "Retaliatory personnel action" means an adverse action against an employee for the exercise of, or good faith attempt to exercise, a right guaranteed under this chapter, including any threat, discharge, suspension, demotion, or reduction of hours, or report or threat to report an employee's suspected citizenship or immigration status or the suspected citizenship or immigration status of a family member of the employee to a federal, state, or local agency. b. "Retaliatory personnel action" includes interference with or punishment for participating or assisting, in any manner, in an investigation, proceeding, or hearing under this chapter.(21) "Secretary" means the Secretary of the Department.(22) "Serious health condition" means as defined under the FMLA.(23) "Small business" means all of the following: a. For purposes of parental leave, all those that employ 9 or less employees working anywhere in this State .b. For purposes of family caregiving leave and medical leave, all those that employ 24 or less employees working anywhere in this State.(24) "Wages" means remuneration for employment as determined for purposes of old-age, survivors, and disability insurance for employees and employers under the Federal Insurance Contribution Act, 26 U.S.C. Chapter 21.Amended by Laws 2023, ch. 287,s 1, eff. 6/30/2024.Added by Laws 2021 , ch. 301, s 1, eff. 7/1/2022.Short title.--Section 4 of the 2022 Act provides that it is known as the "Healthy Delaware Families Act".Section 2.of the 2022 Act provides that If any provision of the Act or the application of the Act to any person or circumstance is held invalid, the remainder of the Act or the application of the provision to other persons or circumstances is not affected.