BILL AS INTRODUCED H.287
2023 Page 1 of 5
1 H.287
2 Introduced by Representative Hooper of Burlington
3 Referred to Committee on
4 Date:
5 Subject: Executive; classification of State personnel; State Employees Labor
6 Relations Act; Judiciary Employees Labor Relations Act; temporary
7 State employees
8 Statement of purpose of bill as introduced: This bill proposes to establish
9 certain rights for temporary State employees and to permit long-term
10 temporary State employees to collectively bargain.
11 An act relating to temporary State employees
12 It is hereby enacted by the General Assembly of the State of Vermont:
13 Sec. 1. 3 V.S.A. § 331 is amended to read:
14 § 331. TEMPORARY EMPLOYEES
15 ***
16 (f)(1) An individual employed in a temporary or seasonal capacity shall:
17 (A) be entitled to the whistleblower protections, rights, and remedies
18 provided to State employees pursuant to sections 971–978 of this title;
VT LEG #367307 v.1
 BILL AS INTRODUCED H.287
2023 Page 2 of 5
1 (B) be paid in accordance with the job classification and pay plan for
2 classified State employees that is most closely applicable to the work
3 performed by the individual; and
4 (C) receive paid and unpaid leave, including sick and annual leave,
5 parental and family leave, holidays, and other leave benefits provided to
6 comparable classified State employees.
7 (2) An individual employed in a temporary or seasonal capacity shall
8 not be terminated without good cause.
9 (3) The State shall provide an individual who has been employed in a
10 temporary capacity for a period of six months with health insurance benefits
11 that, at a minimum, satisfy the affordable minimum essential coverage
12 standards of the Affordable Care Act and provide coverage for the individual’s
13 dependents.
14 Sec. 2. 3 V.S.A. § 902 is amended to read:
15 § 902. DEFINITIONS
16 As used in this chapter:
17 ***
18 (5) “State employee” means any individual employed on a permanent or
19 limited-status basis by the State of Vermont, the Vermont State Colleges, the
20 University of Vermont, the State’s Attorneys’ offices, or as a full-time deputy
21 sheriff paid by the State pursuant to 24 V.S.A. § 290(b), including permanent VT LEG #367307 v.1
 BILL AS INTRODUCED H.287
2023 Page 3 of 5
1 part-time employees, and an individual whose work has ceased as a
2 consequence of, or in connection with, any current labor dispute or because of
3 any unfair labor practice, but excluding an individual:
4 (A) exempt or excluded from the State classified service under the
5 provisions of section 311 of this title, except that the following types of
6 employees are included within the meaning of “State employee”:
7 (i) State Police in the Department of Public Safety;
8 (ii) employees of the Defender General, excluding attorneys
9 employed directly by the Defender General and attorneys contracted to provide
10 legal services;
11 (iii) deputy State’s Attorneys;
12 (iv) employees of State’s Attorneys’ offices; and
13 (v) full-time deputy sheriffs paid by the State pursuant to 24
14 V.S.A. § 290(b) are included within the meaning of “State employee”; and
15 (vi) individuals employed in temporary or intermittent positions
16 who work more than 1,280 hours per year in one or more such positions for a
17 period of two years, or who are designated as temporary employees but whose
18 employment does not comply with the requirements of subsection 331(b) of
19 this title;
20 ***
VT LEG #367307 v.1
 BILL AS INTRODUCED H.287
2023 Page 4 of 5
1 Sec. 3. 3 V.S.A. § 1011 is amended to read:
2 § 1011. DEFINITIONS
3 As used in this chapter:
4 ***
5 (8) “Employee,” means any individual employed and compensated on a
6 permanent or limited status basis by the Judiciary Department, including
7 permanent part-time employees and any individual whose employment has
8 ceased as a consequence of, or in connection with, any current labor dispute or
9 because of an unfair labor practice. “Employee” does not include any of the
10 following:
11 ***
12 (E) an individual employed on a temporary, contractual, seasonal, or
13 on-call basis, including an intern, provided that:
14 (i) the individual was hired to:
15 (I) temporarily replace an employee on vacation, medical leave,
16 or another leave of absence;
17 (II) accommodate peak or increased workloads; or
18 (III) replace or supplement permanent employees working on
19 special assignments or projects not normally included in the duties of
20 permanent employees; and VT LEG #367307 v.1
 BILL AS INTRODUCED H.287
2023 Page 5 of 5
1 (ii) the individual has not worked more than 1,280 hours per year
2 in one or more such positions for a period of two years;
3 ***
4 Sec. 4. EFFECTIVE DATE
5 This act shall take effect on July 1, 2023.
VT LEG #367307 v.1


Statutes affected:
As Introduced: 3-331, 3-902, 3-1011