NEWWorklio Insurance: benefits and pay-as-you-go workers' comp, built into payroll.Learn more
HCM
REMOTE EMPLOYEES

Hiring a remote employee in Delaware

Your company is in another state and one employee lives and works from home in Delaware. Which state's taxes apply, unemployment, paid leave and Delaware's employer rules, each with its official source.

Facts checked on October 5, 2026 against the official sources listed at the end of this page. For employers. General information, not legal or tax advice: confirm a rule with the agency before you rely on it.

Delaware at a glance

Income tax
Delaware withholding
Reciprocity
None
Unemployment
$14,500 wage base, 1% new employer
Paid leave
Delaware Paid Leave
New hire report
Within 20 days

Which state's taxes apply

Work state
Delaware taxes wages for work done in Delaware. Withhold Delaware income tax on the employee's wages.Source: Delaware Division of Revenue, Withholding Tax FAQs (opens in a new tab), checked October 5, 2026
Withholding form
Form DE-W4 (Delaware W-4); federal Form W-4 also acceptedSource: Delaware Division of Revenue, Business Tax Forms (DE-W4); Withholding Tax FAQs (opens in a new tab), checked October 5, 2026
Reciprocity
No state exempts Delaware residents from its withholding by reciprocity.Source: Delaware Division of Revenue, Withholding Tax FAQs (opens in a new tab), checked October 5, 2026
Convenience rules
If your company is in Connecticut, New Jersey, New York or Pennsylvania, the employee is assigned to an office there and works there on some days, that state taxes the days worked from home in Delaware for the employee's convenience.Source: Connecticut DRS, IP 2026(1), Connecticut Employer's Tax Guide, Circular CT (PDF) (opens in a new tab), checked October 6, 2026; NJ Division of Taxation, Convenience of the Employer Sourcing Rule Enacted for Gross Income Tax (opens in a new tab), checked October 6, 2026; NYS DTF, TSB-M-06(5)I, New York Tax Treatment of Nonresidents and Part-Year Residents: Application of the Convenience of the Employer Test to Telecommuters and Others (May 15, 2006, PDF) (opens in a new tab), checked October 6, 2026; PA Department of Revenue, PA Personal Income Tax Guide, Gross Compensation (opens in a new tab), checked October 6, 2026
Office days in your company's state
That state's day limit, if it has one, decides whether it withholds on those days: see its page, or the helper below.
An employee from another state working in Delaware
Delaware sets no day count before a nonresident's wages for work there are withheld.Source: Delaware Division of Revenue, Employer's Guide, Withholding Regulations and Employer's Duties (opens in a new tab), checked October 6, 2026

Where to withhold: two states

Pick your company's state, the state where the employee lives and works from home, and the days a year the employee works at your office. The answer reads each state's rules from the data on these pages.

Your company is in
Employee lives and works from home in
Days a year at your office
Assigned to an employer office in New YorkMatters only in the states with a convenience rule (Connecticut, Delaware, New Jersey, New York and Pennsylvania), and only with office days there.

Income tax withholding

  • Delaware: all wages.

No New York withholding: the employee does no work in New York.

Unemployment

Delaware: the employee works from home there, so the work is localized in Delaware.

Simplified: resident credits, dollar tests, local taxes and a move during the year are not worked out here. Each state's rule and its source are on its page.

Unemployment

The employee works from home in Delaware, so the work is localized in Delaware: pay Delaware unemployment tax, not your company state's.

Agency
Delaware Department of Labor, Division of Unemployment InsuranceSource: Delaware DOL, Division of Unemployment Insurance, Employer Services (opens in a new tab), checked October 5, 2026
Wage base
$14,500 Fixed by law $16,500 from January 1, 2027Source: Delaware DOL, Employer Services: Delaware Merit Rate Table (2026); 19 Del. C. § 3302 ("wages") (viii) (opens in a new tab), checked October 5, 2026
New employer rate
1% 1.0% for every new employer, construction included Surcharges not includedSource: Delaware DOL, Employer Services: Delaware Merit Rate Table (2026); 19 Del. C. § 3348(n) (opens in a new tab), checked October 5, 2026

Open the account: Delaware payroll tax registration

Delaware Paid Leave (opens in a new tab)

Employee share
Up to 0.4%Source: 19 Del. C. § 3705(d)-(f) (opens in a new tab), checked October 5, 2026
Employer share
0.4%Source: 19 Del. C. § 3705(d)-(f) (opens in a new tab), checked October 5, 2026
Small employers
10 to 24 employees: parental leave only, 0.32% in total, employer share at least 0.16% Fewer than 10 employees: exempt, may opt in Counted over the previous 12 months, only employees with (or expected to reach) 12 months' service and 1,250 hours; counted each quarter from employees doing 60% or more of their work in DelawareSource: 19 Del. C. §§ 3701(3), 3701(7), 3705(b)(3); Delaware DOL, Employer and TPA Guide to Delaware Paid Leave (opens in a new tab), checked October 5, 2026

Register before the first payroll: the steps are on Delaware payroll tax registration.

Delaware employer rules

Employment law applies where the employee works, so these follow the employee into Delaware.

Final pay
Fired: The later of the next regular payday covering the last day worked, or 3 business days after the last day worked Quit: Same as firedSource: Delaware Code Title 19, §1103, Employees separated from the payroll before regular payday (opens in a new tab), checked October 6, 2026
Pay frequency
At least once a month on regular paydays set in advance; wages due within 7 days after the pay period ends.Source: Delaware Code Title 19, §1102, Payment of wages on regular paydays (opens in a new tab), checked October 6, 2026
Pay notice
Employers of more than 3 employees: written notice at hire of the rate of pay and the day, hour and place of payment; written or posted notice before any pay cut or change to payday.Source: 19 Del. C. § 1108(1)-(2) (opens in a new tab), checked October 5, 2026
New hire reporting
Within 20 days of the date of hire.Source: Delaware Division of Revenue, Employer's Guide, Section 3(d): Reporting of New Hires (opens in a new tab), checked October 5, 2026
E-Verify
No state E-Verify requirement for private employers or public contractorsSource: Delaware General Assembly, Delaware Code full-text search: "E-Verify" (opens in a new tab), checked October 5, 2026
Sick leave
No state sick leave law.Source: 19 Del. C. § 1108(3) (opens in a new tab), checked October 5, 2026

When the employee moves

Re-check the work state and the registrations before the next payroll: a move changes which state's withholding, unemployment, paid leave and employer rules apply.

Registering your business in Delaware, and whether one remote employee creates tax nexus for your company, are separate questions this page does not cover.

WORKLIO HCM

Payroll for employees who work from home in another state

Worklio HCM withholds by home and work state, reciprocity included, and handles city and county taxes. We help open state withholding and unemployment accounts when you hire somewhere new, and our registration service can register your employer tax accounts for you. Taxes are calculated, deposited and filed in every state and locality, and when an agency notice arrives, you upload it and our tax team resolves it. State paid leave contributions are withheld, too.

Remote employees in other states

Sources

The agency page or document behind each fact, as checked.

General information, not legal or tax advice. Rules change; confirm current requirements with the relevant agency or your advisor. You remain responsible for your employment taxes and for each state's rules.

Your next payroll could be your first one on Worklio.