2026 UPDATED VERSION
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Delaware employee handbook

  • Includes federal, state and city-specific policies
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Disclaimer: The content provided below is for informational purposes only and does not substitute legal advice.

Last updated October, 2026

Delaware Employee Handbook Overview

If you employ people in Delaware, your handbook should explain the state and federal policies that apply to them. The right policies depend on factors such as your Delaware employee count, the work your employees perform, and the benefits your company offers.

What should be included in a Delaware Employee Handbook?

Alongside your federal and company-wide policies, review these Delaware-specific topics and include the ones that apply to your workplace:

  • Delaware Paid Family and Medical Leave: Delaware Paid Leave began accepting benefit claims on January 1, 2026. Most employers with 10–24 Delaware employees are covered for parental leave; those with 25 or more are covered for parental, family caregiving, and medical leave. Employees generally need at least 12 months and 1,250 hours with the employer to qualify. Explain how employees notify the company and apply for benefits, and coordinate this policy with federal FMLA when both apply. A handbook does not replace the employee’s benefit application or the employer’s required notices. Delaware Department of Labor · Delaware law
  • Delaware Equal Pay Policy: Delaware prohibits compensation discrimination based on protected characteristics, including sex and gender identity. Its equal-pay law also requires equal pay for equal work in the same establishment under similar working conditions, subject to lawful pay differences. Employers may not screen applicants using compensation history or prohibit employees from discussing wages. Equal-pay law · Employment practices law · Discrimination law
  • Delaware Personnel File Access Policy: Employees may request to inspect personnel files used to make decisions about their employment, promotion, compensation, discipline, or termination. Employers may supervise the inspection and, absent reasonable cause, generally limit it to once per calendar year. Delaware law
  • Delaware Lactation Accommodations: Reasonable pregnancy-related accommodations may include break time and appropriate facilities for expressing breast milk. Explain how employees can request an accommodation and whom they should contact. Delaware law
  • Delaware Discrimination in Employment Policy: Delaware prohibits covered employers from discriminating against applicants or employees based on protected characteristics. Your policy should identify a clear way to report concerns and state that retaliation is prohibited. Delaware law
  • Delaware Meal Breaks Policy: Employees who work 7½ or more consecutive hours generally must be allowed an unpaid meal break of at least 30 consecutive minutes. The break must fall after the first two hours and before the last two hours of work, subject to exceptions in the law. Delaware law
  • Delaware Jury Duty Leave: Employers may not threaten or deprive employees of their jobs because they receive a jury summons, respond to it, or serve. Delaware’s $20 daily juror allowance is a state-paid expense reimbursement for qualifying service, not a requirement that the employer pay wages during jury duty. State whether your company offers paid or unpaid time away for service. Delaware law
  • Delaware Whistleblowers’ Protection: Employees are protected from retaliation for certain reports of violations, participation in official investigations, or refusal to take part in a violation. Explain how employees can raise concerns within the company without limiting their legal right to report them elsewhere. Delaware law
  • Delaware Domestic Violence or Sexual Assault Accommodations Policy: Employees affected by domestic violence, a sexual offense, or stalking may need reasonable changes to schedules or duties, or use of accrued leave, unless an accommodation would cause undue hardship. Provide a confidential way to request help. Delaware law
  • Delaware Pregnancy Accommodations Policy: Delaware requires reasonable accommodations for known limitations related to pregnancy, childbirth, and related conditions, including lactation, unless an exception applies. Explain the request process and provide the notices required by state law. Delaware law
  • Delaware Emergency Response Leave Policy: Employers with at least 10 employees must protect qualifying volunteer emergency responders from discipline for certain absences involving declared emergencies or injuries sustained while responding. The law allows employers to deduct wages for missed time; it is not a general paid emergency-leave requirement. Delaware law
  • Delaware Social Media Access Policy: Employers generally may not demand access to an employee’s or applicant’s personal social media account, including a password or access in the employer’s presence. The law preserves limited exceptions for matters such as employer-provided accounts and certain investigations. Delaware law
  • Delaware Final Paycheck Policy: When an employee quits, resigns, is discharged, suspended, or laid off, earned wages are due on the later of the next regular payday or three business days after the last day worked. Delaware law
  • Delaware Sexual Harassment Training Policy: Employers with 50 or more employees in Delaware must provide interactive sexual harassment prevention training to new employees within one year of hire and every two years thereafter. Supervisors need additional training. Delaware also requires employers to give new employees the state sexual harassment information sheet when employment begins. Delaware law
  • Delaware Crime Victim Leave Policy: Employers may not discharge or discipline a crime victim or the victim’s representative for protected participation in case preparation or court proceedings, including attendance required by a subpoena. Explain how employees should notify the company when they need time away. Delaware law
  • Delaware Military Leave Policy: Federal USERRA protects eligible employees’ military-service and reemployment rights. Delaware also extends employment protections to National Guard members called to state active duty. Explain the notice and return-to-work process that applies to your employees. Delaware law · U.S. Department of Labor
  • Delaware Voting Policy: Delaware does not generally require private employers to provide paid time off to vote. Employers must not use threats to employment to interfere with an employee’s right to vote. If your company offers voting time off, explain how to request it and whether it is paid. Delaware election law
  • Delaware Medical Marijuana Policy: Delaware generally protects medical-marijuana cardholders from employment discrimination based on cardholder status and protects registered qualifying patients from certain decisions based solely on a positive marijuana test. The law does not require employers to allow marijuana use or impairment at work, and it recognizes certain federal-law exceptions. Delaware law

Federal Policies

Your handbook should also address the federal requirements that apply to your business. Coverage can depend on employer size, industry, and other factors, so review each policy before adding it.

Core federal policies to review

  • Equal Employment Opportunity and Anti-Discrimination Policy
  • Anti-Harassment and Complaint Procedure
  • Family and Medical Leave Act (FMLA) Policy, if your business is covered
  • Americans with Disabilities Act (ADA) and Reasonable Accommodation Policy
  • Military Service Leave (USERRA)
  • Wage and Hour Compliance Policy (FLSA)
  • At-Will Employment Notice, where appropriate
  • Policies that apply if you are a federal contractor, such as required pay-transparency or workplace notices
  • Workplace Violence Prevention Policy
  • Code of Conduct Policy
  • Nursing Parents Policy
  • Conflict of Interest and Business Ethics
  • Disciplinary Procedures
  • Use of Company Property
  • Employee Classification and Pay Practices
  • Health and Safety Policy
  • Confidential Company Information
  • Open Door Policy
  • Acknowledgment of Anti-Harassment Policy
  • Use of Communication and Computer Systems
  • Workplace Searches and Inspections

Additional policies to consider

  • Industry-specific policies
  • Sick Leave, Vacation Leave, and PTO
  • Company Vehicles
  • Punctuality and Attendance
  • Benefits
  • Work Schedules
  • Employment Records
  • Smoking
  • Overtime
  • Performance Reviews
  • Social Media
  • Remote Work
  • Introductory Period
  • References
  • Hiring Relatives and Significant Others
  • Business Expense Reimbursement

Poster Requirements

Workplace posters are another part of keeping employees informed. The posters you need depend on the laws that cover your business, so review both Delaware and federal requirements.

Why should I care about displaying posters?

Required posters tell employees about workplace rights and how to seek help. Missing or outdated notices can lead to enforcement problems, and a handbook does not take the place of a required poster or individual notice.

What are the requirements for displaying labor law posters?

Display required physical posters where employees can readily see them. If you have remote employees, check the rules for each notice before relying on electronic posting; those rules differ by law. Some notices must also be available to applicants. U.S. Department of Labor poster guidance · EEOC poster guidance

Delaware Paid Leave has its own employee-notice and workplace-posting requirements for covered employers. Delaware Paid Leave law

What labor law posters do I need to display?

Review the requirements for every state where you have employees. Government agencies provide many required posters at no charge.

Federal poster requirements: Use the U.S. Department of Labor’s Poster Advisor to identify federal notices that may apply to your business.

Delaware labor law poster requirements: The Delaware Division of Industrial Affairs resource library provides free Delaware workplace posters, including the state wage-and-hour poster. Check the current versions and any other notices that apply to your workplace.

How to create a Delaware Employee Handbook?

A handbook is more than a formality. It gives employees one place to find your workplace rules, benefits, and reporting procedures. To make it useful, tailor it to your company and review it when the law or your practices change.

Handbooks.io can help you get started. Answer a few questions about your company, choose the policies you need, and edit the resulting document. You can start with a free basic handbook and compare plans for state-specific policies and additional tools.

Get started on building your handbook

Creating a handbook starts with a few questions about your business, such as:

  • How many employees do you have?
  • Do you have employees in multiple states?
  • Do you have an introductory period for new employees?
  • Do you offer paid holidays?
  • What is your payroll schedule?

Create your Delaware employee handbook now!