DELAWARE PAYROLL RESOURCES · DE · REVIEWED 2026-10-03

Delaware Payroll &
Pay Statement Guide

Review Delaware’s wage-statement rule for employers of more than three employees, 2026 unemployment figures, Delaware Paid Leave contributions, the Wilmington earned income tax, and official employer resources. Run payroll for a small team and get employee statements from every calculated run.

Over-3-employee statement ruleCovered employers furnish a statement at the time of payment, on the check, on a separate slip, or electronically in a retainable form.
Paid Leave benefits began 2026Delaware Paid Leave contributions continue in 2026, and benefits became available January 1, 2026.
Reviewed 2026-10-03Checked against current Delaware and Wilmington government sources.
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AT A GLANCE

What distinguishes Delaware pay-period records

Delaware’s statement rule is tied to employer size. Under 19 Del. C. § 1108(4), every employer of over 3 employees must furnish each employee, at the time of payment, a statement showing the wages due, the pay period for which the wages are due, and the total amount of deductions, separately specified. For an employee paid at an hourly rate, the statement must also show the total hours for the pay period. The statement may be on the check, on a separate slip, or electronic if the employee can retain it—and an employee who receives an electronic statement may request a written slip.

01

Wage statement (employers of more than three employees)

Show wages due, the pay period, and each deduction separately specified; add total hours for hourly employees. Deliver on the check, on a separate slip, or electronically in a form the employee can retain.

See details →
02

State income tax withholding

Use the Delaware Division of Revenue’s current employer withholding guidance and tables for state income-tax withholding.

View employer withholding guide →
03

Unemployment insurance

For 2026, Delaware’s taxable wage base is $14,500, the new-employer rate is 1.0%, and the published rate range is 0.3% to 5.4%.

View 2026 merit rate table →
04

Delaware Paid Leave

Employers with 10 or more Delaware employees participate in Delaware Paid Leave. Employers may deduct no more than 50% of the required contribution from employees’ wages. Employers with 10–24 employees are covered for parental leave; employers with 25 or more are covered for all leave types.

View Delaware Paid Leave →

STATE PAYROLL OVERVIEW

What makes Delaware different from other pay-statement jurisdictions

Delaware’s Wage Payment and Collection Act imposes its statement duty only on employers of more than three employees. Section 1108 also requires those employers to notify employees in writing at hiring of the rate of pay and the day, hour, and place of payment; to give notice before reducing pay; to make vacation, sick-leave, and similar policies available; and to keep wage-and-hour records for at least three years. The chapter does not apply to employees of the federal government, the State of Delaware, or its political subdivisions, or to independent contractors.

The statement contents are deliberately narrow: wages due, the pay period, separately specified deductions, and hours for hourly employees. Delaware permits an electronic statement without a stated advance-consent requirement, provided the statement is in a form the employee can retain, and the employee may request a written slip instead.

Delaware Paid Leave adds a payroll deduction for many employers. For 2025 and 2026 the total contribution rate is 0.8% of wages for employers covered for all leave types (25 or more employees) and 0.32% for employers covered only for parental leave (10–24 employees). Employers may deduct up to 50% of the required contribution from employee wages. Employers with fewer than 10 Delaware employees are not required to participate but may opt in to parental-leave coverage.

PAYROLL REQUIREMENTS CHECKLIST

The Delaware requirements checklist

Confirm employee-count coverage

Determine whether the employer has more than three employees. Section 1108’s statement, notice, and recordkeeping duties are written for employers of over 3 employees.

Information to include

Show the wages due, the pay period for which the wages are due, and the total amount of deductions, separately specified. For hourly employees, show the total hours for the pay period.

Delivery method

Provide the statement on the check, by separate slip, or electronically in a form the employee can retain. If the statement is electronic, the employee may request a written separate slip.

Other employer obligations

Apply Delaware withholding, unemployment contributions, Delaware Paid Leave contributions where covered, Wilmington earned income tax where applicable, and workers’ compensation separately from the statement rule.

PAYROLL RECORDS IN PRACTICE

How Delaware treats the statement after payday

Retainable electronic statements

An electronic statement satisfies § 1108(4) only if it is in a form the employee can retain. Keep a written-slip option available for employees who request one.

Record retention

Covered employers must make, keep, and preserve the chapter’s records, including wage and hour records, for not less than three years, at the place of business or at one or more central recordkeeping offices.

USE CURRENT DELAWARE INSTRUCTIONS — AND CHECK WILMINGTON

Delaware withholding can include a city earned income tax

Use the Division of Revenue’s current employer guidance for Delaware income-tax withholding. Separately determine whether the employee lives in Wilmington or performs work there, because the City of Wilmington administers its own earned income tax. Do not combine state and city withholding into a single “Delaware rate.”

Employer’s Guide (Withholding Regulations and Employer’s Duties)

Delaware Division of Revenue guidance for employer withholding, filing, and payment.

City of Wilmington earned income tax

Official city information on the 1.25% earned income tax and employer obligations.

iDelaware Paid Leave employee contributions are not income tax. Show them as a separate deduction when the employer elects to deduct the employee share.

LOCAL CONSIDERATIONS

Wilmington adds a city earned income tax

Delaware payroll becomes location-sensitive in Wilmington. Elsewhere in the state, the primary sources reviewed did not identify another municipal wage tax.

●
WilmingtonThe City of Wilmington imposes a 1.25% earned income tax. It applies to Wilmington residents on earned income and to nonresidents on compensation for work performed in the city. Employers should withhold and remit under the city’s current procedures and track whether nonresident employees actually work inside the city.Official source
●
Dover, Newark, and other Delaware municipalitiesDo not apply Wilmington’s earned income tax outside Wilmington. Confirm any municipal business-license requirement directly with the municipality; it is not a wage tax.
●
Remote employees of Wilmington employersA Wilmington business address does not by itself make every employee’s wages subject to the nonresident tax. Track where the work is performed.
●
Cross-border commutersEmployees who live in neighboring states and work in Delaware can create both Delaware and Wilmington obligations. Keep residence and work-location records.

A SOURCE-BACKED WORKFLOW

A source-backed workflow for Delaware payroll records

1Confirm statement coverageDetermine whether the employer has more than three employees and whether the worker is covered by Chapter 11.›
2Confirm Paid Leave and city statusDetermine the Delaware Paid Leave coverage tier and whether Wilmington earned income tax applies by residence or work location.›
3Enter payroll detailsAdd wages, hours for hourly employees, pay period, deductions, and withholding information.›
4Review and generateReview state, Paid Leave, and city amounts, then complete the Pay Run.›
5Retain supporting recordsKeep wage and hour records for at least three years, plus withholding, Paid Leave, and city tax filings.›

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OFFICIAL DELAWARE SOURCES USED FOR THIS PAGE

Official Delaware sources used for this page

01
Delaware Code · Title 19, Chapter 11 (§ 1108)

Primary authority for the over-3-employee statement, notice, and three-year recordkeeping duties.

02
Delaware Division of Revenue · Employer’s Guide

Employer withholding regulations and duties.

03
Delaware Division of Unemployment Insurance · Employer Services

2026 taxable wage base and merit rate table.

04
Delaware Department of Labor · Delaware Paid Leave

Coverage tiers, contribution rules, and employer resources.

05
City of Wilmington · Earned Income Tax

Official city earned income tax information.

06
Delaware Office of Workers’ Compensation · Employer FAQs

Official workers’ compensation employer guidance.

RESEARCH & REVIEW

Built from primary sources. Reviewed for accuracy.

This page is built from primary Delaware state and Wilmington city sources and is periodically reviewed against current agency guidance. We use the Delaware Code, Division of Revenue withholding guidance, Department of Labor unemployment and Paid Leave materials, and official city tax information whenever available.

Reviewed by: LeoFolio ResearchLast reviewed: October 3, 2026
Explore Our Methodology →

Delaware pay-statement FAQ

Does every Delaware employer have to provide a pay statement?
19 Del. C. § 1108 places the statement duty on employers of more than three employees. Covered employers must furnish the statement at the time of payment.
What must a Delaware pay statement show?
The wages due, the pay period for which they are due, and the total amount of deductions, separately specified. For an employee paid hourly, the statement must also show total hours for the pay period.
Can Delaware pay statements be electronic?
Yes, if the electronic statement is in a form the employee can retain. An employee who receives an electronic statement may request a written statement on a separate slip.
What are Delaware’s 2026 unemployment figures?
For 2026, the taxable wage base is $14,500, the new-employer rate is 1.0%, and the published rate range is 0.3% to 5.4%.
How do Delaware Paid Leave deductions work?
Employers with 10 or more Delaware employees are covered. For 2025 and 2026 the total contribution is 0.8% of wages for employers with 25 or more employees and 0.32% for employers with 10–24 employees. Employers may deduct up to 50% of the required contribution from employees’ wages.
Does Wilmington tax wages?
Yes. The City of Wilmington imposes a 1.25% earned income tax on residents’ earned income and on nonresidents’ compensation for work performed in the city.

ACCURATE RECORDS. SUPPORTING EVIDENCE.

Use accurate records, review the preview, and keep the supporting evidence.

Prepare a Delaware Pay Run, review state, Paid Leave, and Wilmington amounts before completion, and keep the applicable Delaware sources with your payroll workflow.

Prepare Delaware Payroll