DE| Delaware Department of Insurance Bulletin No. 158 provides notice of key updates to the Paid Family and Medical Leave (PFML) Act following the passage of HS 1 for HB 128 by the 153rd General Assembly. The updates impact insurance carriers issuing private paid family and medical leave plans and clarify responsibilities for both insurers and employers in administering and complying with the revised statutory framework.
Key Points:
- Private PFML plans must ensure full compliance with updated statutory requirements, maintain benefit parity with the state program, and protect benefits from assignment except as legally permitted; carriers must revise filings and policies as appropriate.
- Material changes to policy forms due to statutory updates require refiling with the Department unless covered by conformity clauses, and policy forms cannot impose unauthorized conditions beyond those set in 19 Del. C. Chapter 37.
- Employers are required to coordinate with carriers for plan compliance, must follow new rules on leave durations and plan approvals, and must retain claim documentation unless required for appeals, audits, or DOL inquiries.
