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1 H.856
2 An act relating to medical leave for a serious injury
3 It is hereby enacted by the General Assembly of the State of Vermont:
4 Sec. 1. 21 V.S.A. § 471 is amended to read:
5 § 471. DEFINITIONS
6 As used in this subchapter:
7 ***
8 (3) “Family leave” means a leave of absence from employment by an
9 employee who works for an employer which that employs 15 or more
10 individuals who are employed for an average of at least 30 hours per week
11 during the year for one of the following reasons:
12 (A) the serious illness health condition of the employee; or
13 (B) the serious illness health condition of the employee’s child,
14 stepchild or ward who lives with the employee, foster child, parent, spouse, or
15 parent of the employee’s spouse.
16 (4) “Health care provider” means a licensed health care provider or a
17 health care provider as defined pursuant to 29 C.F.R. § 825.125.
18 (5) “Parental leave” means a leave of absence from employment by an
19 employee who works for an employer which that employs 10 or more
20 individuals who are employed for an average of at least 30 hours per week
21 during the year for one of the following reasons:
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2 (5)(6) “Serious illness health condition” means:
3 (A) an accident, illness, injury, disease, or physical or mental
4 condition that:
5 (A)(i) poses imminent danger of death;
6 (B)(ii) requires inpatient care in a hospital, hospice, or residential
7 medical care facility; or
8 (C)(iii) requires continuing in-home care under the direction of
9 treatment by a physician health care provider; or
10 (B) rehabilitation from an accident, illness, injury, disease, or
11 physical or mental condition described in subdivision (A) of this subdivision
12 (5), including treatment for substance use disorder.
13 Sec. 2. 21 V.S.A. § 472 is amended to read:
14 § 472. LEAVE
15 (a) During any 12-month period, an employee shall be entitled to take
16 unpaid leave for a period not to exceed 12 weeks:
17 ***
18 (2) for family leave, for the serious illness health condition of the
19 employee or the employee’s child, stepchild or ward of the employee who lives
20 with the employee, foster child, parent, spouse, or parent of the employee’s
21 spouse.
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1 ***
2 (e)(1) An employee shall give reasonable written notice of intent to take
3 leave under this subchapter. Notice shall include the date the leave is expected
4 to commence and the estimated duration of the leave.
5 (2) In the case of the adoption or birth of a child, an employer shall not
6 require that notice be given more than six weeks prior to the anticipated
7 commencement of the leave.
8 (3) In the case of serious illness health condition of the employee or a
9 member of the employee’s family, an employer may require certification from
10 a physician health care provider to verify the condition and the amount and
11 necessity for the leave requested.
12 (4) An employee may return from leave earlier than estimated upon
13 approval of the employer.
14 (5) An employee shall provide reasonable notice to the employer of his
15 or her the need to extend leave to the extent provided by this chapter
16 subchapter.
17 ***
18 (h) Except for serious illness health condition of the employee, an
19 employee who does not return to employment with the employer who provided
20 the leave shall return to the employer the value of any compensation paid to or VT LEG #375461 v.1
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1 on behalf of the employee during the leave, except payments for accrued sick
2 leave or vacation leave.
3 Sec. 3. EFFECTIVE DATE
4 This act shall take effect on July 1, 2024.
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Statutes affected: As Passed By the House -- Official: 21-471, 21-472
As Passed By the House -- Unofficial: 21-471, 21-472