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1 H.66
2 An act relating to paid family and medical leave insurance
3 It is hereby enacted by the General Assembly of the State of Vermont:
4 * * * Leave from Employment * * *
5 Sec. 1. 21 V.S.A. § 471 is amended to read:
6 § 471. DEFINITIONS
7 As used in this subchapter:
8 (1) “Bereavement leave” means a leave of absence from employment or
9 self-employment by an individual due to the death of the individual’s family
10 member that occurs not more than one year after the family member’s death.
11 Bereavement leave includes leave taken in relation to the administration or
12 settlement of the deceased family member’s estate. Leave taken in relation to
13 the administration or settlement of the deceased family member’s estate may
14 occur more than one year after the family member’s death.
15 (2) “Commissioner” means the Commissioner of Labor.
16 (3) “Domestic partner” means an individual with whom the employee
17 has an enduring domestic relationship of a spousal nature, provided the
18 employee and the domestic partner:
19 (A) have shared a residence for at least six consecutive months;
20 (B) are at least 18 years of age;
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1 (C) are not married to or considered a domestic partner of another
2 individual;
3 (D) are not related by blood closer than would bar marriage under
4 State law; and
5 (E) have agreed between themselves to be responsible for each
6 other’s welfare.
7 (4) “Domestic violence” has the same meaning as in 15 V.S.A. § 1151.
8 (5) “Employer” means an individual, organization, or governmental
9 body, partnership, association, corporation, legal representative, trustee,
10 receiver, trustee in bankruptcy, and any common carrier by rail, motor, water,
11 air, or express company doing business in or operating within this State which
12 a person who for the purposes of parental leave, bereavement leave, safe leave,
13 and leave for a qualifying exigency employs 10 or more individuals who are
14 employed for an average of at least 30 hours per week during a year and for the
15 purposes of family leave employs 15 or more individuals for an average of at
16 least 30 hours per week during a year.
17 (2)(6) “Employee” means a person who, in consideration of direct or
18 indirect gain or profit, has been continuously employed by the same employer
19 for a period of one year for an average of at least 30 hours per week. For
20 purposes of safe leave only, “employee” means a person who in consideration
21 of direct or indirect gain or profit, has been continuously employed by the VT LEG #368900 v.1
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1 same employer for a period of six months for an average of at least 20 hours
2 per week.
3 (3)(7) “Family leave” means a leave of absence from employment by an
4 employee who works for an employer which employs 15 or more individuals
5 who are employed for an average of at least 30 hours per week during the year
6 for one of the following reasons:
7 (A) the serious illness health condition of the employee; or
8 (B) the serious illness health condition of the employee’s child,
9 stepchild or ward who lives with the employee, foster child, parent, spouse, or
10 parent of the employee’s spouse family member.
11 (4)(8) “Parental leave” means a leave of absence from employment by
12 an employee who works for an employer which employs 10 or more
13 individuals who are employed for an average of at least 30 hours per week
14 during the year for one of the following reasons:
15 (A) the employee’s pregnancy;
16 (B) recovery from childbirth or miscarriage;
17 (C) the birth of the employee’s child and to care for or bond with the
18 child within one year after the child’s birth; or
19 (B)(D) the initial placement of a child 16 18 years of age or younger
20 with the employee for the purpose of adoption or foster care and to care for or
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1 bond with the child within one year after the placement for adoption or foster
2 care.
3 (9) “Family member” means:
4 (A) regardless of age, an employee’s biological, adopted, or foster
5 child; an employee’s stepchild or legal ward; a child of the employee’s spouse
6 or civil union or domestic partner; a child to whom the employee stands in loco
7 parentis; or an individual to whom the employee stood in loco parentis when
8 the individual was under 18 years of age;
9 (B)(i) a parent of an employee or an employee’s spouse or civil union
10 or domestic partner, regardless of whether the relationship to the employee or
11 employee’s spouse or civil union or domestic partner is a biological, foster,
12 adoptive, or step relationship;
13 (ii) a legal guardian of an employee or employee’s spouse or civil
14 union or domestic partner; or
15 (iii) a person who stands in loco parentis for the employee or who
16 stood in loco parentis when the employee or employee’s spouse or civil union
17 or domestic partner was under 18 years of age;
18 (C) A person to whom the employee is legally married under the laws
19 of any state or a civil union or domestic partner of an employee;
20 (D) A grandparent, grandchild, or sibling of the employee or the
21 employee’s spouse or civil union or domestic partner, regardless of whether VT LEG #368900 v.1
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1 the relationship to the employee or the employee’s spouse or civil union or
2 domestic partner is a biological, foster, adoptive, or step relationship; or
3 (E) As shown by the employee, any other individual with whom the
4 employee has a significant personal bond that is or is like a family relationship,
5 regardless of biological or legal relationship under the totality of the
6 circumstances surrounding the relationship, including:
7 (i) evidence of shared financial responsibility, such as a shared
8 lease, common ownership of property, joint liability for bills, and beneficiary
9 designations;
10 (ii) evidence of responsibility for the other’s personal well-being,
11 including emergency contact designations or an advance directive, as that term
12 is defined pursuant to 18 V.S.A. § 9701;
13 (iii) evidence showing an expectation of care created by the
14 relationship or the prior provision of care, or both;
15 (iv) cohabitation for a period of at least six months or geographic
16 proximity; and
17 (v) other similar evidence demonstrating a significant personal
18 bond.
19 (10) “Health care provider” means a licensed health care provider or a
20 health care provider as defined pursuant to 29 C.F.R. § 825.125.
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1 (11) “In loco parentis” means a relationship in which an individual has
2 day-to-day responsibilities to care for and financially support a child.
3 (12) “Qualifying exigency” means a qualifying exigency identified
4 pursuant to 29 C.F.R. § 825.126 that is related to active duty service by a
5 family member in the U.S. Armed Forces.
6 (13) “Safe leave” means a leave of absence from employment by an
7 employee because:
8 (A) the employee or the employee’s family member is a victim or
9 alleged victim of domestic violence, sexual assault, or stalking;
10 (B) the employee is using the leave for one of the following reasons
11 related to the domestic violence, sexual assault, or stalking:
12 (i) to seek or obtain medical care, counseling, or social or legal
13 services, either for themselves or for a family member;
14 (ii) to recover from injuries;
15 (iii) to participate in safety planning, either for themselves or for a
16 family member;
17 (iv) to relocate or secure safe housing, either for themselves or for
18 a family member;
19 (v) to meet with a State’s Attorney or law enforcement officer; or VT LEG #368900 v.1
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1 (vi) to attend a hearing concerning an order against stalking or
2 sexual assault pursuant to 12 V.S.A. § 5133, when the employee seeks the
3 order as plaintiff; and
4 (C) the employee is not the perpetrator or alleged perpetrator of the
5 domestic violence, sexual assault, or stalking.
6 (5)(14) “Serious illness health condition” means:
7 (A) an accident, illness, injury, disease, or physical or mental
8 condition that:
9 (A)(i) poses imminent danger of death;
10 (B)(ii) requires inpatient care in a hospital, hospice, or residential
11 medical care facility; or
12 (C)(iii) requires continuing in-home care under the direction of
13 treatment by a physician health care provider; or
14 (B) rehabilitation from an accident, illness, injury, disease, or
15 physical or mental condition described in subdivision (A) of this subdivision
16 (14), including treatment for substance use disorder.
17 (15) “Sexual assault” has the same meaning as in 15 V.S.A. § 1151.
18 (16) “Stalking” has the same meaning as in 15 V.S.A. § 1151.
19 (17) “U.S. Armed Forces” means:
20 (A) the U.S. Army, Navy, Air Force, Marine Corps, Space Force, and
21 Coast Guard;
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1 (B) a reserve component of the U.S. Army, Navy, Air Force, Marine
2 Corps, Space Force, and Coast Guard; or
3 (C) the National Guard of any state.
4 Sec. 2. 21 V.S.A. § 472 is amended to read:
5 § 472. LEAVE
6 (a)(1) During any 12-month period, an employee shall be entitled to take
7 unpaid leave for a period not to exceed 12 weeks:
8 (1)(A) for parental leave, during the employee’s pregnancy and
9 following the birth of an employee’s child or within a year following the initial
10 placement of a child 16 years of age or younger with the employee for the
11 purpose of adoption.;
12 (2)(B) for family leave, for the serious illness of the employee or the
13 employee’s child, stepchild or ward of the employee who lives with the
14 employee, foster child, parent, spouse, or parent of the employee’s spouse; or
15 (C) for a qualifying exigency.
16 (2) During any 12-month period, an employee may use up to two out of
17 the 12 weeks of leave available pursuant to subdivision (1) of this subsection
18 for bereavement leave.
19 (3) In addition to the leave provided pursuant to subdivisions (1) and (2)
20 of this subsection, during any 12-month period an employee shall be entitled to
21 take unpaid leave for a period not to exceed 12 weeks for safe leave.
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1 (b) During the leave, at the employee’s option, the employee may use
2 accrued sick leave or, vacation leave or, any other accrued paid leave, not to
3 exceed six weeks or short-term disability insurance or other insurance benefits.
4 Utilization of accrued paid leave or insurance benefits shall not extend the
5 leave provided herein by this section.
6 ***
7 (d) The employer shall post and maintain in a conspicuous place in and
8 about each of his or her its places of business printed notices of the provisions
9 of this subchapter on forms provided by the Commissioner of Labor.
10 (e)(1) An employee shall give the employee’s employer reasonable written
11 notice of intent to take leave under this subchapter section. Notice shall
12 include the date the leave is expected to commence and the estimated duration
13 of the leave.
14 (2) In the case of the adoption or birth of a child, an employer shall not
15 require that notice be given more than six weeks prior to the anticipated
16 commencement of the leave.
17 (3) In the case of an unanticipated serious health condition, a
18 miscarriage, an unanticipated need for safe leave, a premature birth, the death
19 of a family member; or a short-notice qualifying exigency, the employee shall
20 give the employer notice of the commencement of the leave as soon as
21 practicable.
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1 (4)(A) In the case of serious illness health condition of the employee or
2 a member of the employee’s family, an employer may require certification
3 from a physician to verify the condition and the amount and necessity for the
4 leave requested.
5 (B) An employer may require an employee to provide documentation
6 of the need for safe leave. An employee may provide documentation from any
7 one of the following sources:
8 (i) a court or a law enforcement or other government agency;
9 (ii) a domestic violence, sexual assault, or stalking assistance
10 program;
11 (iii) a legal, clerical, medical, or other professional from whom the
12 employee, or the employee’s family member, received counseling or other
13 assistance concerning domestic violence, sexual assault, or stalking; or
14 (iv) a self-certification of the employee’s, or the employee’s
15 family member’s, status as a victim of domestic violence, sexual assault, or
16 stalking, signed under penalty of perjury, on a standard form adopted for that
17 purpose by:
18 (I) a federal or State government entity, including the Vermont
19 Department for Children and Families; or
20 (II) a nonprofit organization that provides support services to
21 victims of domestic violence, sexual violence, or stalking.
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1 (C) An employer may require an employee to provide documentation
2 of the need for bereavement leave. An employee may provide any of the
3 following forms of documentation:
4 (i) a death certificate;
5 (ii) a published obituary; or
6 (iii) a written notice or verification of death, burial, or memorial
7 services from a mortuary, funeral home, burial society, crematorium, religious
8 organization, or governmental agency.
9 (D) An employer may require an employee to provide documentation
10 of the need for leave for a qualifying exigency as set forth in 29 C.F.R.
11 § 825.309.
12 (E) An employer shall not disclose any private medical information
13 or information relating to a safe leave that the employer receives pursuant to
14 this subdivision (4) except to the extent the disclosure is permitted by law and:
15 (i) consented to by the employee in writing;
16 (ii) required pursuant to a court order; or
17 (iii) required pursuant to State or federal law.
18 (5) An employee may return from leave earlier than estimated upon
19 approval of the employer.
20 (6) An employee shall provide reasonable notice to the employer of his
21 or her the need to extend leave to the extent provided by this chapter.
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1 (f) Upon return from leave taken under this subchapter, an employee shall
2 be offered the same or comparable job at the same level of compensation,
3 employment benefits, seniority, or any other term or condition of the
4 employment existing on the day leave began. This subchapter subsection shall
5 not apply if, prior to requesting leave, the employee had been given notice