...
Summary of difference between federal and state regulations
The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
Vermont law doesn’t require private employers to pay employees for jury duty.
Voting
Vermont doesn’t have a time-off-for-voting provision.
Respond to subpoena
Vermont law provides that employers may not discharge or discipline a victim of a listed crime or a victim's family member or representative for honoring a subpoena to testify.
Earned sick time
Employer coverage
All employers are subject to the law.
Employee eligibility
Full-time employees of covered employers who work an average of at least 18 hours per week are eligible to accrue and use earned sick time. Employers may require a waiting period of up to one year for newly hired employees or for current employees who are employed on the law’s effective date. During this period employees accrue, but are not allowed to use the earned sick time. Ineligible employees include certain state or federal employees, per diem or intermittent employees, employees 18 or younger, and certain sole proprietors, partner owners, executive officers, or managers.
Leave entitlement
Employees accrue at least one hour of earned sick time for every 52 hours worked; employees are entitled to at least 40 hours (five days) of earned sick leave per year. Employees may carry over unused sick leave, but the employer may limit the use of the leave to 40 hours per 12-month period.
Reasons for leave
- Due to the employee’s own injury/illness.
- To obtain diagnostic, preventive, routine, or therapeutic care.
- To care for a sick or injured parent, grandparent, spouse, child, sibling, parent-in-law, grandchild, or foster child, or to obtain diagnostic, preventive, routine, or therapeutic health treatment for such a family member, or accompany such a family member to an appointment related to the family member’s long-term care.
- To arrange for social or legal services, or obtaining medical care or counseling due to domestic violence, sexual assault, or stalking.
- To care for a family member because the school or business where that family member is normally located during the employee’s workday is closed for public health or safety reasons.
Maintenance of health benefits
Group insurance benefits must continue during an employee’s use of earned sick time at the same level and condition that coverage would be provided as for normal work hours. Employees may be required to contribute to the cost of the benefits during the use of sick leave at the existing rate of employee contributions.
Job restoration
Employers are prohibited from retaliating against employees for exercising their rights; therefore, they may not be terminated for taking the leave.
Notice
Employers may require employees to notify them as soon as practicable of the intent to take earned sick time, and the expected duration of the absence. Employers must post a notice of the provisions of this law conspicuously to employees, and notify new hires of the provisions.
State
Contacts
Jury duty
Voting
None.
Respond to subpoena
Regulations
Jury duty
Vermont Statutes, Chapter 21 Labor, Chapter 5 Employment Practices, §499 Jurors and witnesses:
Voting
None.
Respond to subpoena
Vermont Statutes, Chapter 13 Crimes and Criminal Procedure, Chapter 165 Victims, §5313 Limitations on Employers:
Earned sick time
Vermont Statutes, Title 21, Chapter 5, Subchapter 4A, Sections 481 through 486.
Federal
Contacts
None.
Statutes/Regulations
None.