Delaware--Laws Relating to Pregnancy


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Prohibitions against Pregnancy Discrimination

It is unlawful for employers to discriminate on the basis of pregnancy, childbirth, and related conditions.

For the text of the Act, click here.

Pregnancy Accommodation

Delaware employers are required to provide reasonable accommodations to pregnant workers or women who have just given birth. Examples may include more frequent or longer breaks, assistance with manual labor, job restructuring, modified work schedules, time off to recover from childbirth, and ensuring that there are appropriate facilities available for expressing breast milk.

For the text of the statute, click here.

Pregnancy-related Disability Accommodation

Delaware does not specifically accommodate pregnancy or its attendant medical conditions as a disability.

Breastfeeding Rights

A mother shall be entitled to breastfeed her child in any location in public where the mother is otherwise permitted. [3] It is unclear whether this authorization extends to a woman’s place of public employment.

For the text of the statute, click here.

Family and Childcare Leave Laws

Unemployment Benefits

Employees who quit their jobs due to care for their child under the age of 18 may be eligible for unemployment benefits.[4]

For the text of the statute, click here.

State Employers – Sick Leave

For child care purposes, a full-time or part-time employee of a reorganized school district shall be entitled to utilize accumulated sick leave upon the birth of a child of the employee or the employee's spouse, or upon the adoption by the employee of a pre-kindergarten age child for maternity leave.[5]

For the text of the statute, click here.

For the federal Pregnancy Discrimination Act, click here.

For the federal Family and Medical Leave Act, click here.

For further information on your pregnancy rights, contact Legal Momentum.