...
Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are 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.
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.
Short-term family leave
Employees eligible under the Parental and Family Leave law are also entitled to “short-term family leave.” Short-term family leave is leave an employee may take for routine recurrent family or medical issues of less than a full day. Specifically, an employee is allowed up to four hours of leave in any 30-day period, but may not take more than 24 hours in any 12-month period. An employer may require that the employee take at least two hours of leave at any one time.
An employee may take short-term family leave to:
- Participate in preschool or school activities directly related to a family member’s academic activities such as a parent-teacher conference;
- Go to the doctor or dentist for a routine visit;
- Accompany a family member to routine medical or dental appointments;
- Respond to a medical emergency involving a family member; and
- Accompany a family member to appointments for professional services related to their care and well-being, such as interviewing for admission to a nursing home.
If an employee wants to take short-term family leave, he or she must give notice as early as possible. The notice should be given at least seven days before starting leave. Less than seven days of notice may be given only in an emergency.
Leave for crime victims
Effective July 1, 2018, Vermont employers must allow employees, who have worked for the company for at least six months for an average of at least 20 hours per week, to take leave if they are victims of crimes for related court proceedings. The law does not specify how much leave an employee is entitled to take.
This provision does not apply, if, prior to requesting leave, the employee had been given notice or had given notice that the employment would terminate. It also does not apply if the employer can demonstrate by clear and convincing evidence that during the period of leave the employee’s job would have been terminated or the employee would have been laid off for reasons unrelated to the leave or the condition for which the leave was granted.
A crime victim is someone who:
- Has obtained a relief from abuse order issued,
- Has obtained an order against stalking or sexual assault issued,
- Has obtained an order against abuse of a vulnerable adult, or
- Sustains physical, emotional, or financial injury or death as a direct result of the commission or attempted commission of a crime or act of delinquency.
The term also includes the victim’s child, foster child, parent, spouse, stepchild or ward of the victim who lives with the victim, or a parent of the victim’s spouse.
Employees may take the leave for reasons such to attend a deposition or court proceeding related to:
- A criminal proceeding, when the employee is a victim and has a right or obligation to appear at the proceeding;
- A relief from abuse hearing when the employee seeks the order as plaintiff;
- A hearing concerning an order against stalking or sexual assault when the employee seeks the order as plaintiff; or
- A relief from abuse, neglect, or exploitation hearing when the employee is the plaintiff.
Employees may choose to use accrued sick leave, vacation leave, or any other accrued paid leave.
Employers must continue employment benefits for the duration of the leave at the level and under the conditions coverage would be provided if the employee continued in employment continuously for the duration of the leave.
Upon return from leave, an employee must be offered the same or comparable job at the same level of compensation, employment benefits, seniority, or any other term or condition of the employment existing on the day leave began.
Employers must post and maintain notices regarding these provisions in a conspicuous place in and about each of their places of business.
Jury duty
Vermont law doesn’t require private employers to pay employees for jury duty.
Paid time off (PTO)
Vermont law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
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.
Voting
Vermont doesn’t have a time-off-for-voting provision.
State
Contacts
None.
Regulations
Earned sick leave: Vermont Statutes, Title 21, Chapter 5, Subchapter 4A, Sections 481 through 486.
Federal
Contacts
None.
Regulations
None.