Delaware

Withholding

Withholding requirements

Employers must complete Form w-4, Employee’s Withholding Allowance Certificate.

Military spouses can also complete an exemption certificate form.

Supplemental rate

If supplemental wages are included in the same payment as regular wages, withhold income tax as if the total of the supplemental and regular wages were one wage payment for the pay period

State Unemployment Insurance (SUI)

Wage base

$10,500

Contributions

0.1% to 5.4%

The new employer rate is 1.2%.
The new construction employer rate is 1.2%.

More information

  • Delaware Employer Services: An online portal provided by the Delaware Department of Labor for managing SUI accounts.
  • Federal Unemployment Tax (FUTA) Credit: Delaware is in good standing, allowing employers to receive the full FUTA credit.

Delaware Employer Services

Labor

Minimum wage

$15.00

Termination Pay

  • For both fired and quitting employees, the final paycheck is due on the next regularly scheduled payday.
  • Final wages can be paid through the usual pay channels or by mail if requested by the employee.

More information

  • Overtime: 1.5x regular pay for over 40 hours per week.
  • Breaks: 30-minute unpaid meal break required for shifts of 7.5+ hours.
  • Paid Leave: Paid Family and Medical Leave (PFML) contributions started in 2025, with benefits available from 2026

New Hire Filing

Reporting deadline

Within 20 days of employee hiring, rehiring, or returning to work.

Reporting by mail

Delaware State Directory of New Hires
P.O. Box 7055
Wilmington, DE 19803

New hire reporting form

Child Support

More information

For Employers: Delaware Division of Child Support Services, P.O. Box 12287, Wilmington, DE 19850.

For Non-Custodial Parents: Delaware Division of Child Support Services, P.O. Box 12831, Wilmington, DE 19850.

    • Always include the case number on mailed payments.
  • Other Payment Methods: May include kiosks or Electronic Funds Transfer (EFT) for employers.
  • Enforcement: Includes income withholding, license suspension, tax refund intercepts, and potential contempt of court actions. 

Other

New employer registration

Local taxes

The city of Wilmington imposes an Earned Income Tax on individuals who live or work within city limits

Reciprocal states

N/A

Disability insurance

Effective January 1, 2026, Delaware is implementing a Paid Family and Medical Leave (PFML) program, with contributions beginning on January 1, 2025. The program is funded through employee payroll deductions. Employers are responsible for collecting and remitting these contributions to the Delaware Department of Labor.

Last Updated

09/10/2025

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The information provided here should not be considered legal or accounting advice nor should it substitute for legal, accounting, and other professional advice. If you require legal or accounting advice, you should always consult your licensed attorney, accountant, or other professional to discuss the facts of your particular situation.

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