Where is Delaware PFML? Still Looking!

As we blogged about on August 2, 2024, we’ve been searching for Delaware PFML as if we were in a Where’s Waldo? book.? The private plan portal was supposed to be available starting last week on September 3, but due to system issues, it is not to be found. When it is up and running, employers will find the portal here, it is called Labor First.? Employers will use this portal to file either a self-insured or fully insured exemption application.

Employers who intend on having a private plan must first register or be registered with Delaware One Stop. Then, employers will follow the Employer Labor First User Guide.? The Delaware Paid Leave site also provides Labor First registration checklists for employers and TPAs and a question and answer page.

We know that the Department of Insurance is working to approve insurance carriers to offer private plans, however, because the employer portal is still not functioning, there is nothing for employers to do at this time. We hope that the state is going to extend the opt-out period beyond December 1, 2024, to account for the delay in being able to file private plans.

In addition to the requirements for self-insured private plans we discussed in the last DE PFML blog, we have more information. ?Delaware Paid Leave posted a self-insured private plan template as well as instructions for calculating the surety bond and a bond form.? Self-insured private plans are also required to prove they have the financial ability to pay at least six maximum benefit claims ($900 per week for 12 weeks, or $10,800) per 100 employees and then must pre-fund a separate bank account with one-half of that amount. Self-insured employers must verify this using the state’s acknowledgement form.? It isn’t unusual to require a self-insured PFML plan to maintain a separate bank account which can only be used for claims payments and administrative costs. It is unusual to require that the account be pre-funded before the self-insured plan is approved. Typically, that bank account is funded with the employee and employer contributions during the first year of contributions before benefits start.

The state also very recently provided what it calls a “soft copy” of the Notice of Employee Rights form which employers must provide to employees no later than December 1, 2024, and must be given to new employees when hired.

All of this information and more is included in the state’s Employer and TPAs Guide to Delaware Paid Leave. Stay tuned for our next DE PFML blog to delve into that guide and see what we can find.

Reliance Matrix Can Help!

Have questions or need help with a DE PFML private plan? Reliance Matrix offers employers fully insured and self-insured leave administration, as well as accommodation services. For more information, contact your Reliance Matrix account manager or send us a message to?[email protected].

Through its insurance and administrative services entities, Reliance Matrix offers integrated leave management services involving the FMLA, state-mandated paid family and medical leave and accommodation solutions. Product features and availability may vary by state. For more information, please contact your Reliance Matrix account manager, or reach us at?[email protected].