Delaware Employee Handbook

Jan 20, 2026

When your company hires employees in Delaware, you are required to comply with federal, state, and local employment laws. There are a variety of human resources and labor policies in the workplace that differ by state. Through your employee handbook, employers can easily document and distribute the correct policies to their employees to comply with the laws of each state.

Creating your Delaware Employee Handbook is a useful way to explain important policies and procedures, mitigate legal risk, and introduce employees to the expectations and operating practices of the organization.

Mosey has compiled the relevant policies a company with employees in Delaware must consider.

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Delaware Employee Handbook Policies

There are 7 state and local employee handbook policies in Delaware.

Wage and Hour

Delaware Minimum Wage Policy

You are entitled to a minimum wage of $15.00 per hour in Delaware. If you regularly earn more than $30 per month in tips, Employer must pay you at least $2.23 per hour.

Delaware Lactation Break Policy

You are entitled to reasonable break time to express breast milk, aligned with existing breaks whenever possible, while minimizing workplace disruptions. Employer will provide a private, secure, and sanitary lactation space near your work area, excluding toilet stalls, with access to an outlet and safe milk storage. Requests for accommodations will be met unless they impose an undue hardship on the business.

Delaware Meal Break Policy

You are entitled to an uninterrupted, unpaid meal break of at least 30 consecutive minutes if scheduled to work 7.5 or more hours in a day. This break must occur after the first two hours of work and before the last two hours.

Leaves of Absence

Delaware Volunteer Emergency Responder Leave Policy

You are entitled to take up to seven days of unpaid leave to serve as a volunteer emergency responder in response to a Governor-declared state of emergency, or up to 14 days for a President-declared national emergency. You may be required to provide proof of service and should provide advance notice that you will be absent or late as soon as possible.

Delaware Jury Duty Leave Policy

You are entitled to job-protected leave to serve as a juror. Unless directed otherwise by your manager, you should return to work at the completion of jury duty, even if for a partial day.

Privacy

Delaware Electronic Monitoring Policy

Employee should be advised that all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system, including but not limited to the use of a computer, telephone, wire, radio or electromagnetic, photoelectronic or photo-optical systems may be subject to monitoring.

Delaware Social Media Privacy Policy

Generally, Employer is prohibited from accessing your personal social media accounts and will not discipline or terminate an employee for refusing to disclose their social media login information or for denying to provide access to their social media accounts.

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Federal Employee Handbook Policies

Regardless of which states you have employees in, there are required federal policies that must be included in your employee handbook. In addition to any state-specific policies, your employee handbook for Delaware should contain the following federal policies.

  • Anti-Harassment Policy
  • Anti-Sexual Harassment Policy
  • Anti-Retaliation Policy
  • Equal Employment Opportunity Policy
  • Reasonable Accommodation Policy

Handbook Policy Best Practices

In addition to the required federal policies, the following policies are best practices to include in your employee handbook.

  • Prohibited Conduct Policy
  • Violations Reporting Policy
  • Workplace Violence Prevention Policy
  • Weapons Policy
  • Disciplinary Action Policy
  • At-Will Employment
  • Federal Uniformed Services Employment and Reemployment Rights Act (USERRA) Policy

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