Vermont has enacted legislation (House Bill 461), which expands the Vermont Parental and Family Leave Act (“The Act”) and short-term family leave protections. House Bill 461 is effective immediately.

The Details 

Expanded Parental and Family Leave Act 

Under the expanded Parental and Family Leave Act, an employer with 10 or more employees must provide 12 weeks of unpaid parental and family leave in a 12-month period to an employee to care for themselves or a covered family member, provided the employee:

• Has worked for their employer for at least one year (for an average of at least 30 hours per week); or

• Meets certain service requirements.
  

Reasons for Leave

House Bill 461 expands the reasons an employee may take leave to encompass:

• The employee’s pregnancy
  

• Caring for or bonding with the child within one year after the child’s birth
  

• The employee’s recovery from childbirth or miscarriage
  

• The adoption or foster placement of a child 18 years or younger (up from 16 years) and to care for or bond with the child within one year after placement
  

• Safe leave (for domestic violence, sexual assault or stalking) or a reason related to safe leave

• Bereavement leave (up to two weeks out of the 12-week entitlement, with no more than five days to be taken consecutively)
  

• A qualifying exigency that is related to active duty service by a family member in the U.S. Armed Forces.

Pay

Parental and Family Leave is generally unpaid. However, an employee may use accrued sick leave, vacation leave, or any other accrued paid leave or short-term disability insurance.
Note: Use of accrued paid leave or short-term disability insurance cannot extend the leave.

Employee Notice Requirements

An employee must provide to their employer:

• Reasonable written notice of intent to take leave with the expected start date and the estimated duration of the leave.
  

• Reasonable notice of the need to extend leave as allowed under the law.

Note: If the leave is for a family member, the employer may request documentation identifying the qualifying family relationship.

The amended law has also clarified notice requirements for certain situations:

• Bereavement leave: An employer may require an employee to provide documentation of the need for bereavement leave. See the text of the law for further details.
  

• Safe leave: An employer may require an employee to provide documentation of the need for safe leave from one source as listed in the law. Note: An employer should not disclose any private medical information or information relating to a safe leave that the employer receives except were allowed by law and is consented to by the employee in writing, required pursuant to a court order; or required pursuant to state or federal law.
  

• A qualifying exigency: An employer may require an employee to provide documentation of the need for leave for a qualifying exigency as set forth in 29 C.F.R. § 825.309.
  

• Unanticipated serious health condition, a miscarriage, an unanticipated need for safe leave, a premature birth, the death of a family member, or a short notice qualifying exigency: An employee must provide notice of the commencement of the leave as soon as practical.
  

Employee Repayment Upon Termination

Except for a serious health condition of the employee or safe leave when they are a victim or alleged victim, an employee who does not return to employment with their employer must return to their employer the value of any compensation that the employer paid to or on behalf of the employee during the leave (except payments for accrued leave).

Short Term Family Leave

As a reminder, Vermont employers must provide unpaid leave up to four hours per 30-day period, and to total up to 24 hours in any 12-month period to use for covered reasons in a minimum of two-hour segments.

The law is amended to expand the definition of a covered family member that is eligible to use short term family leave.

Next Steps

Review and update leave policies and procedures and train supervisors on the requirements under the law.