The employer or an approved private plan under § 3716 of this title shall advise a covered individual filing a new claim for family and medical leave benefits, at the time of filing the claim, of all of the following:

1. (1) Family and medical leave benefits may be subject to federal and state income taxes.
2. (2) Requirements exist pertaining to federal and state estimated tax payments on family and medical leave benefits.
3. (3) Under regulations established by the Secretary, applicable taxes will be deducted and withheld from the covered individual’s payment of family and medical leave benefits.

83 Del. Laws, c. 301, § 1