-
Subchapter 002: WAGES AND MEDIUM OF PAYMENT
§ 341. Definitions
As used in this subchapter:
(1) “Employee” means an individual who has entered into the employment of an employer,
where the employer is unable to show that:
(A) the individual has been and will continue to be free from control or direction over
the performance of the services, both under the contract of service and in fact;
(B) the service is either outside all the usual course of business for which the service
is performed, or outside all the places of business of the enterprise for which the
service is performed; and
(C) the individual is customarily engaged in an independently established trade, occupation,
profession, or business.
(2) “Employer” means any person that employs one or more individuals.
(3) “Commissioner” means the Commissioner of Labor.
(4) “Department” means the Department of Labor.
(5) “Wages” means all remuneration payable for services rendered by an employee, including
salary, commissions, and incentive pay. (Amended 1963, No. 198, § 1; 1995, No. 184 (Act. Sess.), § 3; 2013, No. 15, § 1; 2023, No. 85 (Adj. Sess.), § 78, eff. July 1, 2024.)
§ 342. Weekly payment of wages
(a)(1) Any employer that is doing business within the State shall pay each week, in lawful
money or checks, the wages earned by each employee to a day not more than six days
prior to the date of payment.
(2) Notwithstanding subdivision (1) of this subsection, any employer having one or more
employees that is doing business within the State may, either:
(A) after giving notice to each employee, pay biweekly or semimonthly, in lawful money
or checks, each employee the wages earned by the employee to a day not more than six
days prior to the date of payment; or
(B) pursuant to the terms of a collective bargaining agreement pay any employee who is
subject to that agreement the wages earned by the employee to a day not more than
13 days prior to the date of payment.
(3)(A) An employee of a school district or supervisory union may elect in writing to have
a set amount or set percentage of the employee’s after-tax wages withheld by the school
district in a district-held bank account each pay period. The percentage or amount
withheld shall be determined by the employee.
(B) At the option of the employee, the school district or supervisory union shall disburse
the funds to the employee in either a single payment at the time the employee receives
the employee’s final paycheck of the school year or in equal weekly or biweekly sums
beginning at the end of the school year.
(C)(i) The school district or supervisory union shall disburse funds from the account in
any sum as requested by the employee and, at the end of the school year or at the
employee’s option over the course of the period between the current and next school
year, or upon separation from employment, shall remit to the employee any remaining
funds, including interest earnings, held in the account.
(ii) For employees in a bargaining unit organized pursuant to either chapter 22 of this
title or 16 V.S.A. chapter 57, the school district or supervisory union shall implement this election in a manner
consistent with the provisions of this subdivision and as determined through negotiations
under those chapters.
(iii) For employees not in a bargaining unit, the school district or supervisory union shall,
determine the manner in which to implement the provisions of this subdivision.
(b) An employee who:
(1) voluntarily leaves employment shall be paid on the last regular pay day, or if there
is no regular pay day, on the following Friday;
(2) is discharged from employment shall be paid within 72 hours of discharge;
(3) is absent from his or her regular place of employment on the employer’s regular scheduled
date of wages or salary payment shall be entitled to payment upon demand.
(c) With the written authorization of an employee, an employer may pay wages due the employee
by any of the following methods:
(1) Deposit through electronic funds transfer or direct deposit to a checking, savings,
or other deposit account maintained by or for the employee in any financial institution
within or outside the State.
(2) Credit to a payroll card account, other than a checking, savings, or other deposit
account described in subdivision (1) of this subsection, that is directly or indirectly
established by an employer in a federally insured depository institution to which
electronic fund transfers of the employee’s wages, salary, or other compensation are
made on a recurring basis, provided all the following:
(A) The employer provides the employee written disclosure in plain language, in at least
10-point type, of both the following:
(i) all the employee’s wage payment options; and
(ii) the terms and conditions of the payroll card account option, including a complete
list of all known fees that may be deducted from the employee’s payroll card account
by the employer or the card issuer and whether third parties may assess fees in addition
to the fees assessed by the employer or issuer.
(B) The employee voluntarily consents in writing to payment of wages by payroll card account
after receiving the disclosures described in subdivision (A) of this subdivision (c)(2),
and the employee’s consent is not a condition of hire or continued employment.
(C) The employer ensures that the payroll card account provides that during each pay period,
the employee has at least three free withdrawals from the payroll card, one of which
permits withdrawal of the full amount of the balance at a federally insured depository
institution or other location convenient to the place of employment.
(D) None of the employer’s costs associated with the payroll card account are passed on
to the employee, and the employer does not receive any financial remuneration for
using the pay card at the employee’s expense.
(E)(i) At least 21 days before any change takes effect, the employer provides the employee
with written notice in plain language, in at least 10-point type, of the following:
(I) any change to any of the terms and conditions of the payroll card account, including
any changes in the itemized list of fees; and
(II) the employee’s right to discontinue receipt of wages by a payroll card account at
any time and without penalty.
(ii) The employer may not charge the employee any additional fees until the employer has
notified the employee in writing of the changes.
(F) The employer provides the employee the option to discontinue receipt of wages by a
payroll card account at any time and without penalty to the employee.
(G) The payroll card issued to the employee shall be a branded-type payroll card that
complies with both the following:
(i) Can be used at a PIN-based or a signature-based outlet.
(ii) The payroll card agreement prevents withdrawals in excess of the account balance and
to the extent possible protects against the account being overdrawn.
(H) The employer ensures that the payroll card account provides one free replacement payroll
card per year at no cost to the employee before the card’s expiration date. A replacement
card need not be provided if the card has been inactive for a period of at least 12
months or the employee is no longer employed by the employer.
(I) A nonbranded payroll card may be issued for temporary purposes and shall be valid
for not more than 60 days.
(J) The payroll card account shall not be linked to any form of credit, including a loan
against future pay or a cash advance on future pay.
(K) The employer shall not charge the employee an initiation, loading, or other participatory
fee to receive wages payable in an electronic fund transfer to a payroll card account,
with the exception of the cost required to replace a lost, stolen, or damaged payroll
card.
(L) The employer shall ensure that the payroll card account provides to the employee,
upon the employee’s written or oral request, one free written transaction history
each month that includes all deposits, withdrawals, deductions, or charges by any
entity from or to the employee’s payroll card account for the preceding 60 days. The
employer shall also ensure that the account allows the employee to elect to receive
the monthly transaction history by electronic mail.
(d)(1) If a payroll card account is established with a financial institution as an account
that is individually owned by the employee, the employer’s obligations and the protections
afforded under subsection (c) of this section shall cease 30 days after the employer-employee
relationship ends and the employee has been paid the employee’s final wages.
(2) Upon the termination of the relationship between the employer and the employee who
owns the individual payroll card account:
(A) the employer shall notify the financial institution of any changes in the relationship
between the employer and employee; and
(B) the financial institution holding the individually owned payroll card account shall
provide the employee with a written statement in plain language describing a full
list of the fees and obligations the employee might incur by continuing a relationship
with the financial institution.
(e) The Department of Financial Regulation may adopt rules to implement subsection (c)
of this section.
(f) The employer shall provide to the employee copies of the written disclosures required
by subdivisions (c)(2)(A) and (E) and by subsection (d) of this section in the employee’s
primary language or in a language the employee understands (Amended 1963, No. 198, § 2; 1977, No. 44, § 1, eff. April 19, 1977; 1977, No. 244 (Adj. Sess.), § 2, eff. May 1, 1978; 1979, No. 100 (Adj. Sess.), § 1; 2009, No. 115 (Adj. Sess.), § 1, eff. May 21, 2010; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2011, No. 154 (Adj. Sess.), § 3; 2013, No. 15, § 2; 2023, No. 85 (Adj. Sess.), § 79, eff. July 1, 2024.)
§ 342a. Investigation of complaints of unpaid wages
(a) An employee or the Department on its own motion may file a complaint that wages have
not been paid to an employee, not later than two years after the date the wages were
due. The Commissioner shall provide notice and a copy of the complaint to the employer
by service, or by certified mail sent to the employer’s last known address, together
with an order to file a response to the specific allegation in the complaint filed
by the employee or the Department with the Department within 10 calendar days after
receipt.
(b) The Commissioner shall investigate the complaint, and may examine the employer’s records,
enter and inspect the employer’s business premises, question employees, subpoena witnesses,
and compel the production of books, papers, correspondence, memoranda, and other records
necessary and material to investigate the complaint. If a person fails to comply with
any lawfully issued subpoena, or a witness refuses to testify to any matter on which
the witness may be lawfully interrogated, the Commissioner may seek an order from
the Civil Division of the Superior Court compelling testimony or compliance with the
subpoena.
(c) If after the investigation wages are found to be due, the Commissioner shall attempt
to settle the matter between the employer and employee. If the attempt fails, the
Commissioner shall issue a written determination and order for collection, which shall
specify the facts and the conclusions upon which the determination is based. The Department
shall collect from the employer the amounts due and remit them to the employee. Notice
of the determination and the order for collection to the employer shall be provided
to all interested parties by certified mail or service.
(d) If the Commissioner determines that the unpaid wages were willfully withheld by the
employer, the order for collection shall provide that the employer is liable to pay
an additional amount not to exceed twice the amount of unpaid wages. One-half of the
additional amount recovered above the employee’s unpaid wages shall be remitted to
the employee and one-half shall be retained by the Commissioner to offset administrative
and collection costs.
(e) Within 30 days after the date of the determination, the employer or employee may file
an appeal from the determination to a departmental administrative law judge. The appeal
shall, after notice to the employer and employee, be heard by the administrative law
judge within a reasonable time. The administrative law judge shall review the complaint
de novo and, after a hearing, the determination and, if applicable, order for collection
shall be sustained, modified, or reversed by the administrative law judge. Prompt
notice in writing of the decision of the administrative law judge and the reasons
for it shall be given to all interested parties.
(f) Notwithstanding any other provision of law, the employer or employee may appeal the
decision of the administrative law judge within 30 days by filing a written request
with the Employment Security Board. The appeal shall be heard by the Board after notice
to the employee and employer. The Board may affirm, modify, or reverse the decision
of the administrative law judge solely on the basis of evidence in the record or any
additional evidence it may direct to be taken. Prompt notice of the decision of the
Board shall be given to the employer and employee in the manner provided by section 1357 of this title. The Board’s decision shall be final unless an appeal to the Supreme Court is taken.
Testimony given at any hearing upon a complaint of unpaid wages shall be recorded,
but the record need not be transcribed unless ordered. The costs of transcription
shall be paid by the requesting party.
(g) The Commissioner may enforce a final order for collection under this section within
two years of the date of the final order in the Civil Division of the Superior Court.
[Subsection (h) effective until July 1, 2026; see also subsection (h) effective July
1, 2026 set out below.]
(h) Information obtained from any employer, employee, or witness in the course of investigating
a complaint of unpaid wages shall be confidential and shall not be disclosed or open
to public inspection in any manner that reveals the employee’s or employer’s identity
or be admissible in evidence in any action or proceeding other than one arising under
this subchapter. However, such information may be released to any public official
for the purposes provided in subdivision 1314(e)(1) of this title or to the Attorney General in relation to investigations conducted pursuant to section
346 of this subchapter as provided pursuant to the terms of the memorandum of understanding
between the Attorney General and the Commissioner of Labor executed pursuant to section 3 of this title.
[Subsection (h) effective July 1, 2026; see also subsection (h) effective until July
1, 2026 set out above.]
(h) Information obtained from any employer, employee, or witness in the course of investigating
a complaint of unpaid wages shall be confidential and shall not be disclosed or open
to public inspection in any manner that reveals the employee’s or employer’s identity
or be admissible in evidence in any action or proceeding other than one arising under
this subchapter. However, such information may be released to any public official
for the purposes provided in subdivision 1314(e)(1) of this title. (Added 1965, No. 182; amended 1977, No. 244 (Adj. Sess.), § 3, eff. May 1, 1978; 1999, No. 119 (Adj. Sess.), § 19, eff. May 18, 2000; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2013, No. 15, § 3; 2013, No. 173 (Adj. Sess.), § 1; 2019, No. 85 (Adj. Sess.), § 5, eff. Feb. 20, 2020; 2019, No. 85 (Adj. Sess.), § 13, eff. July 1, 2026; 2023, No. 85 (Adj. Sess.), § 80, eff. July 1, 2024; 2025, No. 40, § 5, eff. July 1, 2025.)
§ 342b. Repealed. 1999, No. 119 (Adj. Sess.), § 20, eff. May 18, 2000.
§ 343. Form of payment
An employer shall not pay employees with any form of evidence of indebtedness, including
all scrip, vouchers, due bills, or store orders, unless the employer is in compliance
with one or both of the following:
(1) The employer is a cooperative corporation in which the employee is a stockholder,
in which case, the cooperative corporation shall, upon request of any shareholding
employee, pay the shareholding employee as provided in section 342 of this title.
(2) Payment is made by check as defined in Title 9A or by an electronic fund transfer
as provided in section 342 of this title. (Amended 1977, No. 244 (Adj. Sess.), § 4, eff. May 1, 1978; 2009, No. 115 (Adj. Sess.), § 1, eff. May 21, 2010.)
§ 344. Assignment of future wages
(a) An assignment of future wages payable pursuant to section 342 of this subchapter shall
not be valid if it is made or procured to be made to:
(1) the employer from whom the wages are to become due; or
(2) any person on behalf of the employer, or for the purpose of relieving the employer
from the obligation to pay under the provisions of section 342 of this subchapter.
(b) An employer shall not require an employee to agree, as a condition of employment,
to accept wages at any other period. (Amended 2023, No. 85 (Adj. Sess.), § 81, eff. July 1, 2024.)
§ 345. Nonpayment of wages and benefits
(a) An employer who violates section 342, 343, 482, or 483 of this title shall be fined not more than $5,000.00. If the employer is a corporation, the president
or other officers who have control of the payment operations of the corporation shall
be considered employers and liable to the employee for actual wages due when the officer
has willfully and without good cause participated in knowing violations of this subchapter.
(b) In addition to any other penalty or punishment prescribed by law, any employer who,
pursuant to an oral or written employment agreement, is required to provide benefits
to an employee shall be liable to the employee for actual damages caused by the failure
to pay for the benefits, and where the failure to pay is knowing and willful and continues
for 30 days after the payments are due shall be assessed a civil penalty by the Commissioner
of not more than $5,000.00.
(c) The Commissioner may enforce collection of the penalties assessed under this section
in the Civil Division of the Superior Court. (Amended 1963, No. 188, § 1; 2013, No. 15, § 4; 2015, No. 69 (Adj. Sess.), § 5, eff. Jan. 1, 2017; 2017, No. 74, § 33; 2023, No. 85 (Adj. Sess.), § 82, eff. July 1, 2024.)
§ 345a. Repealed. 2013, No. 15, § 5.
§ 346. Enforcement by Attorney General; employee misclassification [Repealed effective July
1, 2026]
(a) Following the referral of a complaint by the Commissioner of Labor pursuant to the
provisions of section 3 of this title, the Attorney General may investigate a complaint that an employer has committed
a willful, substantial, or systemic violation of section 342, 343, 348, 482, or 483
of this chapter by misclassifying an employee as an independent contractor and may
enforce those provisions by restraining prohibited acts, seeking civil penalties,
obtaining assurances of discontinuance, and conducting civil investigations in accordance
with the procedures established in 9 V.S.A. §§ 2458-2461 as though the misclassification of an employee is an unfair act in commerce. Any
employer complained against shall have the same rights and remedies as specified in
9 V.S.A. §§ 2458-2461. The Superior Court may impose the same civil penalties and investigation costs and
order other relief to the State of Vermont or an aggrieved employee for the misclassification
of an employee and any related violations of the provisions of this chapter as they
are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Court may order restitution
of wages or other benefits on behalf of an employee and may order reinstatement and
other appropriate relief on behalf of an employee.
(b)(1) The Attorney General shall share information and coordinate investigatory and enforcement
resources with the Departments of Financial Regulation, of Labor, and of Taxes pursuant
to the provisions of section 3 of this title.
(2) Upon receiving notice that the Attorney General has determined that an employer has
committed a violation of section 342, 343, 348, 482, or 483 of this chapter by misclassifying
an employee as an independent contractor, the Commissioners of Financial Regulation
and of Taxes shall review whether the employer is in compliance with the insurance
or tax laws that are under their jurisdiction. (Added 2019, No. 85 (Adj. Sess.), § 4, eff. Feb. 20, 2020; amended 2021, No. 20, § 216; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(b).)
§ 347. Forfeiture
An employer who violates section 342 or 343 of this title shall forfeit to the individual injured twice the value thereof, to be recovered
in a civil action, and all costs and reasonable attorney’s fees. However, an action
may not be maintained under this section unless at the time the action is brought,
the wages remain unpaid or improperly paid. (Amended 1977, No. 244 (Adj. Sess.), § 6, eff. May 1, 1978; 1979, No. 100 (Adj. Sess.), § 2; 2013, No. 15, § 6.)
§ 348. Retaliation prohibited
(a) An employer shall not discharge or in any other manner retaliate against an employee
because:
(1) the employee lodged a complaint of a violation of this subchapter;
(2) the employee has cooperated with the Commissioner in an investigation of a violation
of this subchapter; or
(3) the employer believes that the employee may lodge a complaint or cooperate in an investigation
of a violation of this subchapter.
(b) Any person aggrieved by a violation of this section may bring an action in the Civil
Division of the Superior Court seeking compensatory and punitive damages or equitable
relief, including restraint of prohibited acts, restitution of wages or benefits,
reinstatement, costs, reasonable attorney’s fees, and other appropriate relief. (Added 2013, No. 15, § 8.)
-
Subchapter 003: MINIMUM WAGES
§ 381. Declaration of policy
It is the declared public policy of the State of Vermont that workers employed in
any occupation should receive wages sufficient to provide adequate maintenance and
to protect their health, and to be fairly commensurate with the value of the services
rendered.
§ 383. Definitions
As used in this subchapter:
(1) “Commissioner” means the Commissioner of Labor or designee.
(2) “Employee” means any individual employed or permitted to work by an employer except:
(A) any individual employed in agriculture;
(B) any individual employed in domestic service in or about a private home;
(C) any individual employed by the United States;
(D) any individual employed in the activities of a public supported nonprofit organization,
except laundry employees, nurses’ aides, or practical nurses;
(E) any individual employed in a bona fide executive, administrative, or professional
capacity;
(F) any individual making home deliveries of newspapers or advertising;
(G) taxi-cab drivers;
(H) outside salespersons; and
(I) students working during all or any part of the school year or regular vacation periods.
(3) “Employer” means any person that employs two or more employees.
(4) “Occupation” means an industry, trade, or business or branch thereof or class of work
in which workers are gainfully employed. (Amended 1959, No. 109, eff. April 14, 1959; 1967, No. 177, § 1, eff. April 17, 1967; 1977, No. 244 (Adj. Sess.), § 7, eff. May 1, 1978; 1985, No. 80, § 2; 1993, No. 227 (Adj. Sess.), § 34; 2001, No. 47, § 1; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2023, No. 85 (Adj. Sess.), § 84, eff. July 1, 2024.)
§ 384. Employment; wages
(a)(1) Beginning on January 1, 2022, an employer shall not employ any employee at a rate
of less than $12.55, and on each subsequent January 1, the minimum wage rate shall
be increased by five percent or the percentage increase of the Consumer Price Index,
CPI-U, U.S. city average, not seasonally adjusted, or successor index, as calculated
by the U.S. Department of Labor or successor agency, rounded to one decimal point,
for the 12 months preceding the previous September 1, whichever is smaller, but in
no event shall the minimum wage be decreased. The minimum wage shall be rounded off
to the nearest $0.01.
(2) An employer in the hotel, motel, tourist place, and restaurant industry shall not
employ a service or tipped employee at a basic wage rate less than one-half the minimum
wage. As used in this subdivision, “a service or tipped employee” means an employee
of a hotel, motel, tourist place, or restaurant who customarily and regularly receives
more than $120.00 per month in tips for direct and personal customer service.
(3) If the minimum wage rate established by the U.S. government is greater than the rate
established pursuant to subdivision (1) of this subsection for any year, the minimum
wage rate for that year shall be the rate established by the U.S. government.
(b) Notwithstanding subsection (a) of this section, an employer shall not pay an employee
less than one and one-half times the regular wage rate for any work done by the employee
in excess of 40 hours during a workweek. However, this subsection shall not apply
to:
(1) Employees of any retail or service establishment. A “retail or service establishment”
means an establishment 75 percent of whose annual volume of sales of goods or services,
or of both, is not for resale and is recognized as retail sales or services in the
particular industry.
(2) Employees of an establishment that is an amusement or recreational establishment,
if:
(A) it does not operate for more than seven months in any calendar year; or
(B) during the preceding calendar year its average receipts for any six months of that
year were not more than one-third of its average receipts for the other six months
of the year.
(3) Employees of an establishment that is a hotel, motel, or restaurant.
(4) Employees of hospitals, public health centers, nursing homes, maternity homes, therapeutic
community residences, and residential care homes as those terms are defined in Title
18, provided:
(A) the employer pays the employee on a biweekly basis; and
(B) the employer files an election to be governed by this section with the Commissioner;
and
(C) the employee receives not less than one and one-half times the regular wage rate for
any work done by the employee:
(i) in excess of eight hours for any workday; or
(ii) in excess of 80 hours for any biweekly period.
(5) Employees of a business engaged in the transportation of persons or property to whom
the overtime provisions of the federal Fair Labor Standards Act do not apply. However,
this subsection shall apply to all other employees of such businesses.
(6) Employees of a political subdivision of this State.
(7) State employees who are covered by the federal Fair Labor Standards Act.
(8) Permanent employees of the Vermont General Assembly.
(c) However, an employer may deduct from the rates required in subsections (a) and (b)
of this section:
(1) the amounts for board, lodging, apparel, rent, or utilities paid or furnished; or
(2) other items or services or such other conditions or circumstances as may be usual
in a particular employer-employee relationship.
(d) For the purposes of earned sick time, an employer shall comply with the provisions
required under subchapter 4B of this chapter. (Amended 1959, No. 32, eff. Sept. 1, 1959; 1965, No. 35, § 1, eff. Oct. 1, 1965; 1967, No. 177, § 2, eff. April 17, 1967; 1969, No. 67, §§ 1, 2, eff. April 17, 1969; 1969, No. 190 (Adj. Sess.); 1971, No. 203 (Adj. Sess.); 1973, No. 265 (Adj. Sess.), eff. April 16, 1974; 1977, No. 244 (Adj. Sess.), § 8, eff. May 1, 1978; 1985, No. 80, § 1; 1987, No. 181 (Adj. Sess.); 1989, No. 131 (Adj. Sess.), § 1, eff. March 29, 1990; 1993, No. 227 (Adj. Sess.), §§ 33, 35; 1995, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 1997; 1997, No. 4, § 1; 1999, No. 21, § 1, eff. May 13, 1999; 1999, No. 119 (Adj. Sess.), § 7, eff. May 18, 2000; 2003, No. 67, § 25a; 2005, No. 82, § 1; 2007, No. 78, § 1; 2009, No. 54, § 31, eff. June 1, 2009; 2013, No. 176 (Adj. Sess.), § 1, eff. Jan. 1, 2015; 2015, No. 69 (Adj. Sess.), § 3, eff. Jan. 1, 2017; 2019, No. 86 (Adj. Sess.), § 1; 2023, No. 85 (Adj. Sess.), § 85, eff. July 1, 2024; 2023, No. 87 (Adj. Sess.), § 95, eff. March 13, 2024; 2025, No. 40, § 6, eff. July 1, 2025.)
§ 385. Administration
The Commissioner and the Commissioner’s authorized representatives have full power
and authority for all the following:
(1) To enforce and administer the provisions of this chapter, including the power to conduct
investigations and take any other action considered necessary or suitable for the
administration of this chapter. In the discharge of duties under this chapter, the
Commissioner may administer oaths, take depositions, certify to official acts, subpoena
witnesses, and compel production of any documents and records necessary and material
to the administration of this chapter.
(2) To enter and inspect any place of business or employment, question any employees,
and investigate any records, facts, conditions, or matters that are deemed appropriate
and that in any way appertain to or have a bearing upon the question of wages due
under the provisions of this chapter.
(3) To require from any employer full and correct statements in writing of the wages paid
to all employees employed by that employer necessary to investigate and enforce the
provisions of this chapter.
(4) To determine the amount of deductions for board, lodging, or other items or services
supplied by the employer or any other typical conditions or circumstances in a particular
employer-employee relationship; provided, however, that in no case shall the total
remuneration received by an employee, including wages, gratuities, board, lodging,
or other items or services supplied by the employer, be less than the minimum wage
established pursuant to section 384 of this subchapter. No deduction may be made for
the care, cleaning, or maintenance of required apparel. No deduction for required
apparel shall be made without the employee’s express written authorization and the
deduction shall not:
(A) reduce the total remuneration received by an employee below the minimum wage established
pursuant to section 384 of this subchapter;
(B) include any administrative fees or charges; or
(C) amend, nullify, or violate the terms and conditions of any collective bargaining agreement. (Amended 2001, No. 47, § 2; 2005, No. 212 (Adj. Sess.), § 10, eff. May 29, 2006; 2007, No. 182 (Adj. Sess.), § 10, eff. June 2, 2008; 2023, No. 85 (Adj. Sess.), § 86, eff. July 1, 2024; 2025, No. 40, § 7, eff. July 1, 2025.)
§ 386. Investigations
The Commissioner may, and on a petition of 50 or more residents of the State shall,
investigate any industry, business, occupation, or employment pursuant to the provisions
of section 385 of this subchapter, to ascertain whether any violations of this subchapter
have occurred. (Amended 2023, No. 85 (Adj. Sess.), § 87, eff. July 1, 2024.)
§ 387. Enforcement by Attorney General; employee misclassification [Repealed effective July
1, 2026]
(a) Following the referral of a complaint by the Commissioner of Labor pursuant to the
provisions of section 3 of this title, the Attorney General may investigate a complaint that an employer has committed
a willful, substantial, or systemic violation of this subchapter by misclassifying
an employee as an independent contractor and may enforce the provisions of this subchapter
by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance,
and conducting civil investigations in accordance with the procedures established
in 9 V.S.A. §§ 2458-2461 as though the misclassification of an employee is an unfair act in commerce. Any
employer complained against shall have the same rights and remedies as specified in
9 V.S.A. §§ 2458-2461. The Superior Court may impose the same civil penalties and investigation costs and
order other relief to the State of Vermont or an aggrieved employee for the misclassification
of an employee and any related violations of the provisions of this chapter as they
are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Court may order restitution
of wages or other benefits on behalf of an employee and may order reinstatement and
other appropriate relief on behalf of an employee.
(b)(1) The Attorney General shall share information and coordinate investigatory and enforcement
resources with the Departments of Financial Regulation, of Labor, and of Taxes pursuant
to the provisions of section 3 of this title.
(2) Upon receiving notice that the Attorney General has determined that an employer has
committed a violation of this subchapter by misclassifying an employee as an independent
contractor, the Commissioners of Financial Regulation and of Taxes shall review whether
the employer is in compliance with the insurance or tax laws that are under their
jurisdiction. (Added 2019, No. 85 (Adj. Sess.), § 6, eff. Feb. 20, 2020; amended 2021, No. 20, § 217; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(b).)
§§ 388-390a. Repealed. 1995, No. 188 (Adj. Sess.), § 4.
§ 390. Repealed. 2001, No. 47, § 8.
§ 390a. Repealed. 2001, No. 47, § 3.
§ 391. Repealed. 2023, No. 85 (Adj. Sess.), § 88, eff. July 1, 2024.
(Amended 2001, No. 47, § 4.)
§ 392. Repealed. 2023, No. 85 (Adj. Sess.), § 89, eff. July 1, 2024.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2001, No. 47, § 5; 2017, No. 11, § 51.)
§ 393. Employers’ records; notice
(a) Every employer shall keep a true and accurate record of the hours worked by each employee
and of the wages paid to the employee and shall furnish to the Commissioner upon demand
a sworn statement of the same. The records shall be open to inspection by the Commissioner
or any authorized agent of the Department at any reasonable time.
(b) Every employer shall keep a copy of the rules posted in a conspicuous place in the
area where employees are employed. The Commissioner shall furnish copies of the rules
to employers without charge. (Amended 2023, No. 85 (Adj. Sess.), § 90, eff. July 1, 2024.)
§ 394. Penalties
(a) An employer or any officer or agent of an employer, who pays, permits to be paid,
or agrees to pay to any employee less than the applicable rate to which the employee
is entitled pursuant to this subchapter, shall be assessed a civil penalty of not
more than $100.00 for each day the employee is paid less than the rate required pursuant
to this subchapter.
(b) An employer or an officer or agent of an employer, shall be assessed a civil penalty
of not more than $100.00 for any of the following:
(1) failing to keep the records required pursuant to this subchapter;
(2) refusing to permit the Commissioner to enter the place of business; or
(3) failing to furnish records to the Commissioner upon demand. (Amended 2001, No. 47, § 6; 2023, No. 85 (Adj. Sess.), § 91, eff. July 1, 2024.)
§ 395. Civil actions
An employee who is paid by an employer less than the applicable wage rate to which
the employee is entitled pursuant to this subchapter, shall recover, in a civil action,
twice the amount of the minimum wage established pursuant to section 384 of this subchapter
less any amount actually paid by the employer, together with costs and reasonable
attorney’s fees. An agreement between an employer and an employee to work for less
than the wage rates established pursuant to section 384 of this subchapter shall not
be a defense to the action. (Amended 2001, No. 47, § 7; 2023, No. 85 (Adj. Sess.), § 92, eff. July 1, 2024.)
§ 396. Appeals from Commissioner’s decisions
(a) Appeals to Superior Court. Any person aggrieved by a decision of the Commissioner may appeal to the Superior
Court.
(b) Procedure. The Commissioner shall forward to the court the record of the decision on appeal.
The court shall consider the record and any evidence presented; may approve or set
aside the Commissioner’s decision in whole or in part, as justice may require; and
may refer any matter or issue arising in the proceedings to the Commissioner for further
consideration. In no case shall such an appeal operate as a stay unless the Commissioner
or the court to which the appeal is taken so orders.
(c) Certifying record. The Commissioner may provide to the court the record by filing either the original
papers or duly certified copies of them together with a certified statement of any
other facts that show the grounds of the action appealed from.
(d) Hearing. The court may take evidence or may appoint a referee to take such evidence as it may
direct. A referee that is appointed shall submit a report to the court of all evidence
taken together with findings of fact.
(e) Costs. In any proceedings under this subchapter, the court may award any costs it determines
to be equitable and just.
(f) Appeal; Supreme Court. The decision of the Superior Court may be appealed to the Supreme Court. (Amended 1971, No. 185 (Adj. Sess.), § 193, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3; 1997, No. 161 (Adj. Sess.), § 17, eff. Jan. 1, 1998; 2023, No. 85 (Adj. Sess.), § 93, eff. July 1, 2024.)
§ 397. Retaliation prohibited
(a) An employer shall not discharge or in any other manner retaliate against an employee
because:
(1) the employee lodged a complaint of a violation of this subchapter;
(2) the employee has cooperated with the Commissioner in an investigation of a violation
of this subchapter; or
(3) the employer believes that the employee may lodge a complaint or cooperate in an investigation
of a violation of this subchapter.
(b) Any person aggrieved by a violation of this section may bring an action in the Civil
Division of the Superior Court seeking compensatory and punitive damages or equitable
relief, including restraint of prohibited acts, restitution of wages or benefits,
reinstatement, costs, reasonable attorney’s fees, and other appropriate relief. (Added 2013, No. 15, § 9.)
-
Subchapter 004: EMPLOYMENT OF CHILDREN AND ALIENS
§ 430. Policy; definitions; rules
(a) It is the policy of Vermont that children shall be protected from employment in harmful
and dangerous occupations. Toward this end, Vermont law should reflect federal protections
regarding the employment of children, but should continue to provide additional protection
for children in Vermont where particular circumstances warrant greater protection
for children.
(b) As used in this subchapter:
(1) “Child” or “children” means an individual under 18 years of age.
(2) “Commissioner” means the Commissioner of Labor.
(3) “Employee” means any individual suffered or permitted to work by an employer.
(4) “Illegal child employment” means the employment of any child under 18 years of age
in any work or occupation specifically prohibited by State or federal law. “Illegal
child employment” does not include work performed by students as part of an educational
program, provided this subchapter or federal law specifically permits this work.
(c) The Commissioner shall adopt rules to carry out the purpose and intent of this subchapter,
provided the rules are consistent with federal child labor laws and rules. However,
the Commissioner shall not be required to adopt or modify rules to conform with a
change in federal child labor laws or regulations that weakens or eliminates an existing
child labor protection policy. (Added 2001, No. 68, § 1; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2023, No. 85 (Adj. Sess.), § 95, eff. July 1, 2024.)
§ 431. Age limit; certificate as to eligibility of child under 16
Except as provided in this subchapter, a child under 16 years of age shall not be
employed in any gainful occupation unless the child deposits with the employer a certificate
from the Commissioner that states that the child is eligible for employment in accordance
with the provisions of this subchapter. However, this requirement shall not apply
to any child employed during vacations or before or after sessions of school when
the employment is not otherwise prohibited by this subchapter. (Amended 1999, No. 69 (Adj. Sess.), § 1; 2001, No. 68, § 2.)
§ 432. Restrictions
(a) The Commissioner shall not issue a certificate for a child under 16 years of age pursuant
to section 431 of this subchapter until the Commissioner has received, examined, approved,
and filed the following papers:
(1) The school record of the child properly filled out and signed by the person in charge
of the school that the child last attended, giving the child’s age, address, standing
in studies, rating in conduct, and attendance in days during the school year of the
last full year of attendance.
(2) Evidence of the age of the child as follows:
(A) The birth certificate of the child, or a copy certified by the town clerk in a town
where the certificate is a part of the public records.
(B) If the certificate or certified copy cannot be procured, a duly attested transcript
of the certificate of birth or baptism or other religious record shall be conclusive
evidence of the age of the child.
(C) In case no documentary proof of age is available, the Commissioner may accept an affidavit
from the parent, guardian, or custodian of the child to establish the age of the child.
(3) A certificate from a physician resident in and licensed to practice in this State
showing that after a thorough examination the child is found to be physically fit
to be employed in the proposed occupation. When a certificate is requested for the
employment of a child under 16 years of age as an actor or performer in motion pictures,
theatrical productions, radio, or television, this provision may be waived at the
discretion of the Commissioner.
(4) Before a certificate approving the employment of a child as an actor or performer
in motion pictures, theatrical productions, radio, or television is issued by the
Commissioner, the Secretary of Education must approve the substance and conditions
of the educational program being provided to the child during the employment, which
shall not be for more than 90 days during the school year.
(b) The Commissioner shall refuse a certificate to a child under 16 years of age unless
the child has completed the elementary school course, has received an equivalent education,
or has been excused from further school attendance under the provisions of 16 V.S.A. § 1123. (Amended 1987, No. 4, § 1, eff. March 10, 1987; 2001, No. 68, § 3; 2013, No. 92 (Adj. Sess.), § 262, eff. Feb. 14, 2014; 2023, No. 85 (Adj. Sess.), § 96, eff. July 1, 2024.)
§ 433. Repealed. 2001, No. 68, § 16(1).
§ 434. Employment of children under 16 years of age
(a) A child under 16 years of age shall not be employed:
(1) more than eight hours in any day;
(2) more than six days in any week;
(3) earlier than seven o’clock in the morning; or
(4) after seven o’clock at night, except from June 1 through Labor Day, when a child may
be permitted to work until nine o’clock at night.
(b) A child under 16 years of age shall not be employed more than three hours on any day
that school is in session, and not more than a total of 18 hours during any week that
school is in session.
(c)(1) Notwithstanding subsections (a) and (b) of this section, a child employed as an actor
or performer in motion pictures, theatrical productions, radio, or television, or
employed as a baseball bat person, may be employed until midnight or after midnight
if a parent or guardian and the Commissioner of Labor have consented in writing.
(2) The Commissioner shall adopt rules regarding the permissible duties of a baseball
bat person.
(d) The provisions of this section shall not apply to employment as a newspaper carrier
or work connected with agriculture or domestic service. (Added 1987, No. 4, § 2, eff. March 10, 1987; amended 1987, No. 144 (Adj. Sess.), eff. April 13, 1988; 1999, No. 69 (Adj. Sess.), § 2; 2001, No. 68, § 4; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2023, No. 85 (Adj. Sess.), § 97, eff. July 1, 2024.)
§ 435. Examination and report
When so ordered by the Secretary of Education, the superintendent of schools for the
school district or supervisory union where the child under 16 years of age resides
shall examine the child for the purpose of determining the child’s eligibility for
employment in accordance with the provisions of section 432 of this subchapter and
shall, upon the completion of the examination, make a written report to the Secretary
of Education who shall transmit a copy of the report to the Commissioner. (Amended 2001, No. 68, § 5; 2013, No. 92 (Adj. Sess.), § 263, eff. Feb. 14, 2014; 2017, No. 74, § 35; 2023, No. 85 (Adj. Sess.), § 98, eff. July 1, 2024.)
§ 436. Employment of children under 14 years of age
A child under 14 years of age shall not be employed or permitted to work in any gainful
occupation unless the occupation has been approved by the Commissioner, by rule, to
be appropriate for a child under 14 years of age, and the employment occurs during
vacation and before and after school. The provisions of this section shall not apply
to:
(1) employment by a parent or a person standing in place of a parent employing their own
child or a child in their custody in an occupation other than manufacturing, mining,
or an occupation found by the U.S. Secretary of Labor to be particularly hazardous
or detrimental to the child’s health or well-being;
(2) a newspaper carrier; or
(3) an actor or performer in motion pictures, theatrical productions, radio, and television. (Amended 1987, No. 4, § 3, eff. March 10, 1987; 2001, No. 68, § 6; 2013, No. 96 (Adj. Sess.), § 127; 2023, No. 85 (Adj. Sess.), § 99, eff. July 1, 2024.)
§ 437. Employment of children; special restrictions; hours for children under 16 years of
age
(a) Except as provided in section 438 of this title, a child shall not be employed or permitted to work at or on any occupations, employment,
operations, or machines determined to be hazardous, by rule, by the U.S. Secretary
of Labor or the Commissioner.
(b) A child under 16 years of age shall not be employed more than eight hours in any one
day or more than 40 hours in any one week. (Amended 2001, No. 68, § 7; 2013, No. 96 (Adj. Sess.), § 128; 2023, No. 85 (Adj. Sess.), § 100, eff. July 1, 2024.)
§ 438. Exceptions
A child over 14 years of age who is enrolled in a career technical education program
or course duly approved by the State Board of Education may be legally employed in
any of the occupations or operations named in section 437 of this title or other occupations or operations that may be in the estimation of the State Board
of Education a necessary or essential part of the student’s career technical education,
provided that the plant, work places, machinery, and other appliances and equipment
used for instruction have been inspected for safe conditions and approved by the Commissioner. (Amended 1991, No. 204 (Adj. Sess.), § 9; 2001, No. 68, § 8; 2013, No. 92 (Adj. Sess.), § 302, eff. Feb. 14, 2014.)
§ 439. Repealed. 1969, No. 218 (Adj. Sess.), § 4.
§ 440. Repealed. 2001, No. 68, § 16(2).
§ 441. Repealed. 2001, No. 68, § 16(5).
§ 442. Posting notices of hours of labor
An employer shall post in a conspicuous place in the place in which a child is employed
a printed notice describing permitted and prohibited operations, occupations, and
machines at which a child may be employed, stating the number of hours’ work permitted
on each day of the week, the hours of commencing and stopping work, and the hours
when the time allowed for meals begins and ends. The printed forms of this notice
shall be provided by the Commissioner. (Amended 2001, No. 68, § 10.)
§ 443. Repealed. 2001, No. 68, § 16(3).
§ 444. Repealed. 1969, No. 218 (Adj. Sess.), § 4.
§ 444a. Employment of aliens
(a) As used in this section:
(1) “Alien” means any person not a citizen of the United States.
(2) “Employer” means any person, including any partnership, firm, corporation, or association,
or any agent thereof, who engages or utilizes the personal services of one or more
individuals for a salary or wage.
(3) “Illegal alien” means any person not a citizen of the United States who has entered
the United States in violation of the Federal Immigration and Naturalization Act or
regulations issued pursuant to the Act, who has legally entered but without the right
to be employed in the country, or who has legally entered subject to a time limit
but has remained illegally after the expiration of the time limit.
(b) No employer or agent for an employer shall knowingly recruit, solicit, or refer for
employment, or employ, an illegal alien.
(c) No employer shall knowingly employ any alien unless the employer determines that the
alien possesses the required certificate under the Federal Immigration and Naturalization
Act or regulations issued pursuant to the Act, or has authorization from the U.S.
Customs and Immigration Service or other appropriate federal agency.
(d) A person convicted of violating this section shall be fined not less than $100.00
or more than $300.00 for conviction of a first offense. For any subsequent offense,
a person convicted of violating this section shall be fined not less than $300.00,
nor more than $750.00. (Added 1977, No. 99; amended 2023, No. 85 (Adj. Sess.), § 101, eff. July 1, 2024.)
§ 445. Repealed. 1969, No. 218 (Adj. Sess.), § 4.
§ 446. Duties of Commissioner as to employment of children
The Commissioner may inquire of the owner or superintendent of any place or establishment
as to the employment of children, may request to see the certificate filed with the
owner or superintendent, and shall ensure that the provisions of this subchapter have
been complied with. (Amended 2001, No. 68, § 11.)
§ 447. Repealed. 2001, No. 68, § 16(4).
§ 448. Duty of person having control of child
A person having control of a child shall not allow the child to be employed contrary
to a provision of this subchapter. (Amended 2001, No. 68, § 12.)
§ 449. General penalty
A person who violates a provision of this subchapter for which another penalty is
not provided shall be fined not more than $5,000.00 for each offense and, upon a subsequent
conviction, may be fined or imprisoned for not more than six months, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2001, No. 68, § 13.)
§ 450. Repealed. 1973, No. 249 (Adj. Sess.), § 111.
§ 451. Complaints
Truant officers and all informing officers are authorized to make complaints for violations
or offenses arising under this subchapter. A complaint for a violation of section 448 of this title shall be sufficient if it states that the person having control of a child has allowed
such child to be employed contrary to law.
§ 452. Suspension of subchapter
The Commissioner, with the approval of the Governor, may suspend part or all of the
provisions of this subchapter for a period not to exceed two months in any one year
in the case of a manufacturing establishment or business, the materials and products
of which are perishable and require immediate labor to prevent decay or damage. (Amended 2001, No. 68, § 14.)
§ 453. Sale of goods made in violation of subchapter
No person, partnership, corporation, or association shall knowingly sell, offer, or
expose for sale; take orders for the future delivery of; or possess with intent to
sell any article, product, or compound in the production, manufacture, or distribution
of which children have been employed in violation of the provisions of this subchapter,
or in a manner or under conditions that would be in violation of these provisions
if the employment had occurred in this State. Any complaint alleging a violation of
this section shall be filed with the Commissioner, who shall investigate, and if the
Commissioner determines there is sufficient evidence to substantiate the allegations,
shall transmit the complaint to the Attorney General or to the State’s Attorney of
the county in which the violation is alleged to have occurred. A person who violates
a provision of this section shall be fined not more than $10,000.00. (Amended 2001, No. 68, § 15.)
-
Subchapter 004A: PARENTAL AND FAMILY LEAVE
§ 470. Purpose
(a) Strong families are the foundation for a productive and competitive state. There are
a growing number of single-parent families where the sole parent works and two-parent
families where both parents work. Most people who work while raising families do so
out of economic necessity.
(b) Leave from employment for the birth or adoption of a child or to care for a seriously
ill family member addresses one of the important needs of changing family structures.
The support of families is a principle recognized and valued by the State of Vermont.
When employees have security about their employment and the well-being of their children,
parents, and other family members, businesses benefit economically from increased
worker productivity and stability.
(c) The provisions of this subchapter are enacted in recognition of the fact that both
employers and employees benefit from the establishment of parental and family leave
as a condition of employment. (Added 1991, No. 260 (Adj. Sess.), § 2.)
§ 471. Definitions
As used in this subchapter:
(1) “Bereavement leave” means a leave of absence from employment or self-employment by
an individual due to the death of the individual’s family member that occurs not more
than one year after the family member’s death. Bereavement leave includes leave taken
in relation to the administration or settlement of the deceased family member’s estate.
Leave taken in relation to the administration or settlement of the deceased family
member’s estate shall not occur more than one year after the family member’s death.
(2) “Domestic partner” means an individual with whom the employee has an enduring domestic
relationship of a spousal nature, provided the employee and the domestic partner:
(A) have shared a residence for at least six consecutive months;
(B) are at least 18 years of age;
(C) are not married to or considered a domestic partner of another individual;
(D) are not related by blood closer than would bar marriage under State law; and
(E) have agreed between themselves to be responsible for each other’s welfare.
(3) “Domestic violence” has the same meaning as in 15 V.S.A. § 1151 and includes the definition of “abuse” in 15 V.S.A. § 1101.
(4) “Employer” means a person who for the purposes of parental leave, bereavement leave,
safe leave, and leave for a qualifying exigency employs 10 or more individuals who
are employed for an average of at least 30 hours per week during a year and for the
purposes of family leave employs 15 or more individuals for an average of at least
30 hours per week during a year.
(5) “Employee” means a person who, in consideration of direct or indirect gain or profit,
has been continuously employed by the same employer for a period of one year for an
average of at least 30 hours per week or meets the service requirement set forth in
29 C.F.R. § 825.801.
(6) “Family leave” means a leave of absence from employment by an employee for one of
the following reasons:
(A) the serious health condition of the employee; or
(B) the serious health condition of the employee’s family member.
(7) “Family member” means:
(A) regardless of age, an employee’s biological, adopted, or foster child; an employee’s
stepchild or legal ward; a child of the employee’s spouse or civil union or domestic
partner; or a child to whom the employee stands in loco parentis, regardless of legal
documentation; an individual to whom the employee stood in loco parentis when the
individual was under 18 years of age; or any individual for whom the employee provides
caregiving responsibilities similar to those of a parent-child relationship;
(B)(i) a parent of an employee or an employee’s spouse or civil union or domestic partner,
regardless of whether the relationship to the employee or the employee’s spouse or
civil union or domestic partner is a biological, foster, adoptive, or step relationship;
(ii) a legal guardian of an employee or employee’s spouse or civil union or domestic partner;
or
(iii) a person who stands in loco parentis for the employee or who stood in loco parentis
when the employee or employee’s spouse or civil union or domestic partner was under
18 years of age;
(C) a person to whom the employee is legally married under the laws of any state or a
civil union or domestic partner of an employee; or
(D) a grandparent, grandchild, or sibling of the employee or the employee’s spouse or
civil union or domestic partner, regardless of whether the relationship to the employee
or the employee’s spouse or civil union or domestic partner is a biological, foster,
adoptive, or step relationship.
(8) “Health care provider” means a licensed health care provider or a health care provider
as defined pursuant to 29 C.F.R. § 825.125.
(9) “In loco parentis” means a relationship in which an individual has day-to-day responsibilities
to care for and support a child, regardless of biological or legal ties.
(10) “Parental leave” means a leave of absence from employment by an employee for one of
the following reasons:
(A) the employee’s pregnancy;
(B) the employee’s recovery from childbirth or miscarriage;
(C) the birth of the employee’s child and to care for or bond with the child within one
year after the child’s birth; or
(D) the initial placement of a child 18 years of age or younger with the employee for
the purpose of adoption or foster care and to care for or bond with the child within
one year after the placement for adoption or foster care.
(11) “Qualifying exigency” means a qualifying exigency identified pursuant to 29 C.F.R. § 825.126 that is related to active duty service by a family member in the U.S. Armed Forces.
(12) “Safe leave” means a leave of absence from employment by an employee because:
(A) the employee or the employee’s family member is a victim or alleged victim of domestic
violence, sexual assault, or stalking;
(B) the employee is using leave for one of the following reasons related to domestic violence,
sexual assault, or stalking:
(i) to seek or obtain medical care, counseling, or social or legal services, either for
themselves or for a family member;
(ii) to recover from injuries;
(iii) to participate in safety planning, either for themselves or for a family member;
(iv) to relocate or secure safe housing, either for themselves or for a family member;
(v) to respond to a fatality or near fatality related to domestic violence, sexual assault,
or stalking, either for themselves or for a family member; or
(vi) to meet with a State’s Attorney or law enforcement officer, either for themselves
or for a family member; and
(C) the employee is not the perpetrator or alleged perpetrator of the domestic violence,
sexual assault, or stalking.
(13) “Serious health condition” means:
(A) an accident, illness, injury, disease, or physical or mental condition that:
(i) poses imminent danger of death;
(ii) requires inpatient care in a hospital, hospice, or residential medical care facility;
or
(iii) requires continuing treatment by a health care provider; or
(B) rehabilitation from an accident, illness, injury, disease, or physical or mental condition
described in subdivision (A) of this subdivision (13), including treatment for substance
use disorder.
(14) “Sexual assault” has the same meaning as in 12 V.S.A. § 5131.
(15) “Stalking” has the same meaning as in 12 V.S.A. § 5131.
(16) “U.S. Armed Forces” means:
(A) the U.S. Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard;
(B) a reserve component of the U.S. Army, Navy, Air Force, Marine Corps, Space Force,
and Coast Guard; or
(C) the National Guard of any state. (Added 1989, No. 83, § 1; amended 1989, No. 150 (Adj. Sess.), § 2; 1991, No. 260 (Adj. Sess.), § 3; 2023, No. 184 (Adj. Sess.), § 15, eff. July 1, 2024; 2025, No. 32, § 2, eff. July 1, 2025.)
§ 472. Leave
(a)(1) During any 12-month period, an employee shall be entitled to take unpaid leave for
a period not to exceed 12 weeks:
(A) for parental leave;
(B) for family leave;
(C) for safe leave; or
(D) for a qualifying exigency.
(2) During any 12-month period, an employee may use up to two weeks out of the 12 weeks
of leave available pursuant to subdivision (1) of this subsection for bereavement
leave, with not more than five workdays to be taken consecutively.
(b) During the leave, at the employee’s option, the employee may use accrued sick leave,
vacation leave, any other accrued paid leave, or short-term disability insurance.
Utilization of accrued paid leave or short-term disability insurance shall not extend
the leave provided pursuant to this section.
(c) The employer shall 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. The employer may require
that the employee contribute to the cost of the benefits during the leave at the existing
rate of employee contribution.
(d) The employer shall post and maintain in a conspicuous place in and about each of the
employer’s places of business printed notices of the provisions of this subchapter
on forms provided by the Commissioner of Labor.
(e)(1) An employee shall give the employer reasonable written notice of intent to take leave
under this section. Notice shall include the date the leave is expected to commence
and the estimated duration of the leave. If the leave is for a family member, the
employer may request documentation identifying the qualifying family relationship.
(2) In the case of the adoption or birth of a child, an employer shall not require that
notice be given more than six weeks prior to the anticipated commencement of the leave.
(3) In the case of an unanticipated serious health condition, a miscarriage, an unanticipated
need for safe leave, a premature birth, the death of a family member, or a short-notice
qualifying exigency, the employee shall give the employer notice of the commencement
of the leave as soon as practicable.
(4)(A) In the case of a serious health condition of the employee or a member of the employee’s
family, an employer may require certification from a health care provider to verify
the condition and the amount and necessity for the leave requested.
(B) An employer may require an employee to provide documentation of the need for safe
leave. An employee may provide documentation from any one of the following sources:
(i) a court or a law enforcement or other government agency;
(ii) a domestic violence, sexual assault, or stalking assistance program;
(iii) a legal, clerical, medical, or other professional from whom the employee, or the employee’s
family member, received counseling or other assistance concerning domestic violence,
sexual assault, or stalking; or
(iv) a self-attestation by the employee describing the circumstances supporting the need
for safe leave; no further corroboration shall be required unless otherwise mandated
by law.
(C) An employer may require an employee to provide documentation of the need for bereavement
leave. An employee may provide any of the following forms of documentation:
(i) a death certificate;
(ii) a published obituary; or
(iii) a written notice or verification of death, burial, or memorial services from a mortuary,
funeral home, burial society, crematorium, religious organization, or governmental
agency.
(D) An employer may require an employee to provide documentation of the need for leave
for a qualifying exigency as set forth in 29 C.F.R. § 825.309.
(E) An employer shall not disclose any private medical information or information relating
to a safe leave that the employer receives pursuant to this subdivision (4) except
to the extent the disclosure is permitted by law and:
(i) consented to by the employee in writing;
(ii) required pursuant to a court order; or
(iii) required pursuant to State or federal law.
(5) An employee may return from leave earlier than estimated upon approval of the employer.
(6) An employee shall provide reasonable notice to the employer of the need to extend
leave to the extent provided by this subchapter.
(f) Upon return from leave taken under this subchapter, an employee shall 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.
This subsection shall not apply if, prior to requesting leave, the employee had been
given notice or had given notice that the employment would terminate. This subsection
shall not apply if the employer can demonstrate by clear and convincing evidence that:
(1) during the period of leave the employee’s job would have been terminated or the employee
laid off for reasons unrelated to the leave or the condition for which the leave was
granted; or
(2) the employee performed unique services and hiring a permanent replacement during the
leave, after giving reasonable notice to the employee of intent to do so, was the
only alternative available to the employer to prevent substantial and grievous economic
injury to the employer’s operation.
(g)(1) An employer may adopt a leave policy more generous than the leave policy provided
by this subchapter.
(2)(A) Nothing in this subchapter shall be construed to diminish an employer’s obligation
to comply with any collective bargaining agreement or any employment benefit program
or plan that provides greater leave rights than the rights provided by this subchapter.
(B) A collective bargaining agreement or employment benefit program or plan may not diminish
rights provided by this subchapter.
(3) Notwithstanding the provisions of this subchapter, an employee may, at the time a
need for parental or family leave arises, waive some or all the rights under this
subchapter, provided the waiver is informed and voluntary and any changes in conditions
of employment related to any waiver shall be mutually agreed upon between employer
and employee.
(h) Except for the serious health condition of the employee or safe leave when the employee
is the victim or alleged victim, an employee who does not return to employment with
the employer who provided the leave shall return to the employer the value of any
compensation that the employer paid to or on behalf of the employee during the leave,
except payments for accrued leave. (Added 1989, No. 83, § 1; amended 1991, No. 260 (Adj. Sess.), § 4; 1997, No. 41, § 1; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2023, No. 85 (Adj. Sess.), § 102, eff. July 1, 2024; 2023, No. 184 (Adj. Sess.), § 16, eff. July 1, 2024; 2025, No. 18, § 30, eff. May 13, 2025; 2025, No. 32, § 3, eff. July 1, 2025.)
§ 472a. Short-term family leave
(a) In addition to the leave provided in section 472 of this title, an employee shall be entitled to take unpaid leave not to exceed four hours in any
30-day period and not to exceed 24 hours in any 12-month period. An employer may require
that leave be taken in a minimum of two-hour segments and may be taken for any of
the following purposes:
(1) to participate in preschool or school activities directly related to the academic
educational advancement of the employee’s family member, such as a parent-teacher
conference;
(2) to attend or to accompany the employee’s family member to routine medical or dental
appointments;
(3) to accompany the employee’s family member to other appointments for professional services
related to their care and well-being; or
(4) to respond to a medical emergency involving the employee’s family member.
(b) An employee shall make a reasonable attempt to schedule appointments for which leave
may be taken under this section outside of regular work hours. In order to take leave
under this section, an employee shall provide the employer with the earliest possible
notice, but in no case later than seven days, before leave is to be taken except in
the case of an emergency. In this subsection, “emergency” means circumstances where
the required seven-day notice could have a significant adverse impact on the family
member of the employee.
(c) At the employee’s discretion, the employee may use accrued paid leave, including vacation
and personal leave. (Added 1997, No. 41, § 2; amended 2025, No. 18, § 30, eff. May 13, 2025; 2025, No. 32, § 4, eff. July 1, 2025.)
§ 472b. Town meeting leave; employees; students
(a) Subject to the essential operation of a business or entity of State or local government,
which shall prevail in any instance of conflict, an employee shall have the right
to take unpaid leave from employment under this section or subsection 472(b) of this title for the purpose of attending his or her annual town meeting, provided the employee
notifies the employer at least seven days prior to the date of the town meeting.
(b) A student of voting age shall have the right to attend his or her annual town meeting,
and the school shall not penalize or report the student as a truant for exercising
the right provided by this section.
(c) The requirement of subsection (b) shall not apply to a student who is in State custody
in a secure facility.
(d) The requirement of subsection (b) shall not create an obligation for any parent, guardian,
or custodian to take any affirmative action to enable the student to attend an annual
town meeting. (Added 2007, No. 124 (Adj. Sess.), § 1; amended 2013, No. 31, § 5.)
§ 472c. Leave; alleged crime victims; relief from stalking or abuse
(a) As used in this section:
(1)(A) “Alleged victim” means a person who is alleged in an affidavit filed by a law enforcement
official with a prosecuting attorney of competent state or federal jurisdiction to
have sustained 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
“alleged victim” also includes a family member of such a person if the person:
(i) is a minor;
(ii) has been found to be incompetent;
(iii) is alleged to have suffered physical or emotional injury as a result of the violent
crime or act of delinquency; or
(iv) was killed as a result of the alleged crime or act of delinquency.
(B) As used in this subdivision (a)(1):
(i) “Family member” means an individual who is not identified in the affidavit as the
defendant and is the alleged victim’s:
(I) child, foster child, or stepchild;
(II) ward who lives with the alleged victim;
(III) spouse, domestic partner, or civil union partner;
(IV) sibling;
(V) grandparent;
(VI) grandchild;
(VII) parent or a parent of the alleged victim’s spouse, domestic partner, or civil union
partner;
(VIII) legal guardian; or
(IX) an individual for whom the alleged victim stands in loco parentis or who stood in
loco parentis for the alleged victim when the alleged victim was a child.
(ii) “Domestic partner” has the same meaning as in 17 V.S.A. § 2414.
(iii) “In loco parentis” means an individual for whom the alleged victim has day-to-day
responsibilities to care for and financially support, or, in the case of the alleged
victim, an individual who had such responsibility for the alleged victim when the
alleged victim was a child.
(iv) “Violent crime” means a “listed crime” as that term is defined in 13 V.S.A. § 5301(7) and any comparable offense in another jurisdiction.
(2) “Employer” means an individual, organization, governmental body, partnership, association,
corporation, legal representative, trustee, receiver, trustee in bankruptcy, and any
common carrier by rail, motor, water, air, or express company doing business in or
operating within this State.
(3) “Employee” means a person who, in consideration of direct or indirect gain or profit,
has been continuously employed by the same employer for a period of six months for
an average of at least 20 hours per week.
(b) In addition to the leave provided in section 472 of this title, an employee shall be entitled to take unpaid leave from employment for the purpose
of attending a deposition or court proceeding related to:
(1) a criminal proceeding, when the employee is an alleged victim and the employee has
a right or obligation to appear at the proceeding;
(2) a relief from abuse hearing pursuant to 15 V.S.A. § 1103, when the employee seeks the order as plaintiff;
(3) a hearing concerning an order against stalking or sexual assault pursuant to 12 V.S.A. § 5133, when the employee seeks the order as plaintiff; or
(4) a relief from abuse, neglect, or exploitation hearing pursuant to 33 V.S.A. chapter 69, when the employee is the plaintiff.
(c) During the leave, at the employee’s option, the employee may use accrued sick leave,
vacation leave, or any other accrued paid leave. Use of accrued paid leave shall not
extend the leave provided pursuant to this section.
(d) The employer shall 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. The employer may require
that the employee contribute to the cost of benefits during the leave at the existing
rate of employee contribution.
(e) The employer shall post and maintain in a conspicuous place in and about each of its
places of business printed notices of the provisions of this section on forms provided
by the Commissioner of Labor.
(f)(1) Upon return from leave taken under this section, an employee shall 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.
(2) This subsection shall not apply if, prior to requesting leave, the employee had been
given notice or had given notice that the employment would terminate.
(3) This subsection shall 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.
(g) An employer may adopt a leave policy more generous than the leave provided by this
section. Nothing in this section shall be construed to diminish an employer’s obligation
to comply with any collective bargaining agreement or any employment benefit program
or plan that provides greater leave rights than the rights provided by this section.
A collective bargaining agreement or employment benefit program or plan shall not
diminish rights provided by this section. Notwithstanding the provisions of this section,
an employee may, at the time a need for leave arises, waive some or all of the rights
under this section, provided that the waiver is informed and voluntary and that any
changes in conditions of employment related to the waiver shall be mutually agreed
upon between the employer and the employee.
(h) Subsection (b) of this section shall not apply to an employer that provides goods
or services to the general public if the employee’s absence would require the employer
to suspend all business operations at a location that is open to the general public. (Added 2017, No. 184 (Adj. Sess.), § 3; amended 2021, No. 136 (Adj. Sess.), § 1, eff. May 24, 2022.)
§ 473. Retaliation prohibited
An employer shall not discharge or in any other manner retaliate against an employee
who exercises or attempts to exercise his or her rights under this subchapter. The
provisions against retaliation in subdivision 495(a)(8) of this title shall apply to this subchapter. (Added 1989, No. 83, § 1; amended 2013, No. 31, § 7; 2017, No. 74, § 36.)
§ 474. Penalties and enforcement
(a) The penalty and enforcement provisions of section 495b of this title shall apply to this subchapter.
(b) An employer may bring a civil action to recover compensation paid to the employee
during leave, except payments made for accrued sick leave or vacation leave, and court
costs to enforce the provisions of subsection 472(h) of this title. (Added 1989, No. 83, § 1; amended 2013, No. 31, § 8; 2017, No. 74, § 37.)
-
Subchapter 004B: EARNED SICK TIME
§ 481. Definitions
As used in this subchapter:
(1) “Employer” means any individual, organization, or governmental body, partnership,
association, corporation, legal representative, trustee, receiver, trustee in bankruptcy,
and any common carrier by rail, motor, water, air, or express company doing business
in or operating within this State.
(2) “Combined time off” means a policy under which the employer provides time off from
work for vacation, sickness, or personal reasons, and the employee has the option
to use all of the leave for whatever purpose the employee chooses.
(3) “Commissioner” means the Commissioner of Labor.
(4) “Earned sick time” means discretionary time earned and accrued under the provisions
of this subchapter and used by an employee to take time off from work for the purposes
listed in subdivisions 483(a)(1)-(5) of this subchapter.
(5) “Employee” means a person who, in consideration of direct or indirect gain or profit,
is employed by an employer for an average of no less than 18 hours per week during
a year. However, the term “employee” shall not include:
(A) An individual who is employed by the federal government.
(B) An individual who is employed by an employer:
(i) for 20 weeks or fewer in a 12-month period; and
(ii) in a job scheduled to last 20 weeks or fewer.
(C) An individual that is employed by the State and is exempt or excluded from the State
classified service pursuant to 3 V.S.A. § 311, but not an individual that is employed by the State in a temporary capacity pursuant
to 3 V.S.A. § 331.
(D) An employee of a health care facility as defined in 18 V.S.A. § 9432(8) or a facility as defined in 33 V.S.A. § 7102(2) if the employee only works on a per diem or intermittent basis.
(E) An employee of a school district, supervisory district, or supervisory union as defined
in 16 V.S.A. § 11 that:
(i) is employed pursuant to a school district or supervisory union policy on substitute
educators as required by the Vermont Standards Board for Professional Educators Rule
5381;
(ii) is under no obligation to work a regular schedule; and
(iii) is not under contract or written agreement to provide at least one period of long-term
substitute coverage, which is defined as 30 or more consecutive school days in the
same assignment.
(F) An individual who is under 18 years of age.
(G) An individual that is either:
(i) a sole proprietor or partner owner of an unincorporated business who is excluded from
the provisions of chapter 9 of this title pursuant to subdivision 601(14)(F) of this title; or
(ii) an executive officer, manager, or member of a corporation or a limited liability company
for whom the Commissioner has approved an exclusion from the provisions of chapter
9 of this title pursuant to subdivision 601(14)(H) of this title.
(H) An individual who:
(i) works on a per diem or intermittent basis;
(ii) works only when he or she indicates that he or she is available to work;
(iii) is under no obligation to work for the employer offering the work; and
(iv) has no expectation of continuing employment with the employer.
(6) “Paid time off policy” means any policy under which the employer provides paid time
off from work to the employee that includes a combination of one or more of the following:
(A) annual leave;
(B) combined time off;
(C) vacation leave;
(D) personal leave;
(E) sick leave; or
(F) any similar type of leave. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017; amended 2023, No. 85 (Adj. Sess.), § 103, eff. July 1, 2024.)
§ 482. Earned sick time
(a) An employee shall accrue not less than one hour of earned sick time for every 52 hours
worked.
(b) An employer may require a waiting period for newly hired employees of up to one year.
During this waiting period, an employee shall accrue earned sick time pursuant to
this subchapter but shall not be permitted to use the earned sick time until after
completing the waiting period.
(c) An employer may:
(1) limit the amount of earned sick time accrued pursuant to this section to a maximum
of 40 hours in a 12-month period; or
(2) limit to 40 hours the number of hours in each workweek for which full-time employees
not subject to the overtime provisions of the Federal Fair Labor Standards Act pursuant
to 29 U.S.C. § 213(a)(1) may accrue earned sick time pursuant to this section.
(d)(1) Earned sick time shall be compensated at a rate that is equal to the greater of either:
(A) the normal hourly wage rate of the employee; or
(B) the minimum wage rate for an employee pursuant to section 384 of this title.
(2) Group insurance benefits shall continue during an employee’s use of earned sick time
at the same level and conditions that coverage would be provided as for normal work
hours. The employer may require that the employee contribute to the cost of the benefits
during the use of earned sick time at the existing rate of employee contribution.
(e) Except as otherwise provided by subsection 484(a) of this subchapter, an employer
shall calculate the amount of earned sick time that an employee has accrued pursuant
to this section:
(1) as it accrues during each pay period; or
(2) on a quarterly basis, provided that an employee may use earned sick time as it accrues
during each quarter. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017; amended 2023, No. 85 (Adj. Sess.), § 104, eff. July 1, 2024; 2025, No. 18, § 30, eff. May 13, 2025.)
§ 483. Use of earned sick time
(a) An employee may use earned sick time accrued pursuant to section 482 of this subchapter
for any of the following reasons:
(1) The employee is ill or injured.
(2) The employee obtains professional diagnostic, preventive, routine, or therapeutic
health care.
(3) The employee cares for a sick or injured parent, grandparent, spouse, child, brother,
sister, parent-in-law, grandchild, or foster child, including helping that individual
obtain diagnostic, preventive, routine, or therapeutic health treatment, or accompanying
the employee’s parent, grandparent, spouse, or parent-in-law to an appointment related
to that individual’s long-term care.
(4) The employee is arranging for social or legal services or obtaining medical care or
counseling for the employee or for the employee’s parent, grandparent, spouse, child,
brother, sister, parent-in-law, grandchild, or foster child, who is a victim of domestic
violence, sexual assault, or stalking or who is relocating as the result of domestic
violence, sexual assault, or stalking. As used in this section, “domestic violence,”
“sexual assault,” and “stalking” shall have the same meanings as in 15 V.S.A. § 1151.
(5) The employee cares for a parent, grandparent, spouse, child, brother, sister, parent-in-law,
grandchild, or foster child, because the school or business where that individual
is normally located during the employee’s workday is closed for public health or safety
reasons.
(b) If an employee’s absence is shorter than a normal workday, the employee shall use
earned sick time accrued pursuant to section 482 of this subchapter in the smallest
time increments that the employer’s payroll system uses to account for other absences
or that the employer’s paid time off policy permits. Nothing in this subsection shall
be construed to require an employer to permit an employee to use earned sick time
in increments that are shorter than one hour.
(c) An employer may limit the amount of earned sick time accrued pursuant to section 482
of this subchapter that an employee may use to no more than 40 hours in a 12-month
period.
(d)(1) Except as otherwise provided in subsection 484(a) of this subchapter, earned sick
time that remains unused at the end of an annual period shall be carried over to the
next annual period and the employee shall continue to accrue earned sick time as provided
pursuant to section 482 of this subchapter. However, nothing in this subdivision shall
be construed to permit an employee to use more earned sick time during an annual period
than any limit on the use of earned sick time that is established by the employee’s
employer pursuant to subsection (c) of this section.
(2) If, at an employer’s discretion, an employer pays an employee for unused earned sick
time accrued pursuant to section 482 of this subchapter at the end of an annual period,
then the amount for which the employee was compensated does not carry over to the
next annual period.
(e) Upon separation from employment, an employee shall not be entitled to payment for
unused earned sick time accrued pursuant to section 482 of this subchapter unless
agreed upon by the employer.
(f)(1) An employee who is discharged by the employee’s employer after completing a waiting
period required pursuant to subsection 482(b) of this subchapter and is subsequently
rehired by the same employer within 12 months after the discharge from employment
shall begin to accrue and may use earned sick time without a waiting period. However,
the employee shall not be entitled to retain any earned sick time that accrued before
the time of the discharge unless agreed to by the employer.
(2) An employee who voluntarily separates from employment after completing a waiting period
required pursuant to subsection 482(b) of this subchapter and is subsequently rehired
by the same employer within 12 months after the separation from employment shall not
be entitled to accrue and use earned sick time without a waiting period unless agreed
to by the employer.
(g) An employer shall not require an employee to find a replacement for absences, including
absences for professional diagnostic, preventive, routine, or therapeutic health care.
(h) An employer may require an employee planning to take earned sick time accrued pursuant
to section 482 of this subchapter to:
(1) make reasonable efforts to avoid scheduling routine or preventive health care during
regular work hours; or
(2) notify the employer as soon as practicable of the intent to take earned sick time
accrued pursuant to section 482 of this subchapter and the expected duration of the
employee’s absence.
(i)(1) If an employee is absent from work for one of the reasons listed in subsection (a)
of this section, the employee shall not be required to use earned sick time accrued
pursuant to section 482 of this subchapter and the employer will not be required to
pay for the time that the employee was absent if the employer and the employee mutually
agree that either:
(A) the employee will work an equivalent number of hours as the number of hours for which
the employee is absent during the same pay period; or
(B) the employee will trade hours with a second employee so that the second employee works
during the hours for which the employee is absent and the employee works an equivalent
number of hours in place of the second employee during the same pay period.
(2) Nothing in this subsection shall be construed to prevent an employer from adopting
a policy that requires an employee to use earned sick time accrued pursuant to section
482 of this subchapter for an absence from work for one of the reasons set forth in
subsection (a) of this section.
(j) An employer shall post notice of the provisions of this section in a form provided
by the Commissioner in a place conspicuous to employees at the employer’s place of
business. An employer shall also notify an employee of the provisions of this section
at the time of the employee’s hiring.
(k) Use of earned sick time accrued pursuant to section 482 of this subchapter shall not
diminish an employee’s rights under sections 472 and 472a of this chapter.
(l) The provisions against retaliation set forth in section 397 of this title shall apply to this subchapter.
(m) An employer who violates this subchapter shall be subject to the penalty provisions
of section 345 of this title.
(n) The Commissioner shall enforce this subchapter in accordance with the procedures established
in section 342a of this title. However, the appeal provision of subsection 342a(f) shall not apply to any enforcement
action brought pursuant to this subsection. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017; amended 2023, No. 85 (Adj. Sess.), § 105, eff. July 1, 2024.)
§ 484. Compliance with earned sick time requirement
(a) An employer shall be in compliance with this subchapter if either of the following
occurs:
(1) The employer offers a paid time off policy or is a party to a collective bargaining
agreement that provides the employee with paid time off from work that:
(A) he or she may use for all of the reasons set forth in subsection 483(a) of this subchapter;
and
(B) accrues and may be used at a rate that is equal to or greater than the rate set forth
in sections 482 and 483 of this subchapter.
(2) The employer offers a paid time off policy or is a party to a collective bargaining
agreement that provides the employee with at least the full amount of paid time off
from work required pursuant to sections 482 and 483 of this subchapter at the beginning
of each annual period and the employee may use it at any time during the annual period
for the reasons set forth in subsection 483(a) of this subchapter. If the employer
provides an employee with the full amount of paid time off at the beginning of each
annual period, the paid time off shall not carry over from one annual period to the
next as provided in subdivision 483(d)(1) of this subchapter.
(b) Nothing in this subchapter shall be construed to require an employer that satisfies
the requirements of subsection (a) of this section to provide additional earned sick
time to an employee that chooses to use paid time off that could be used for the reasons
set forth in subdivisions 483(a)(1)-(5) of this subchapter for a different purpose.
(c) Nothing in this subchapter shall be construed to prevent an employer from providing
a paid time off policy or agreeing to a collective bargaining agreement that provides
a paid time off policy that is more generous than the earned sick time provided by
this subchapter.
(d)(1) Nothing in this subchapter shall be construed to diminish an employer’s obligation
to comply with any collective bargaining agreement or paid time off policy that provides
greater earned sick time rights than the rights provided by this subchapter.
(2) Nothing in this subchapter shall be construed to preempt or override the terms of
a collective bargaining agreement that is in effect before January 1, 2017.
(e) A collective bargaining agreement or paid time off policy may not diminish the rights
provided by this subchapter. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017.)
§ 485. Severability of provisions
If any provision of this subchapter or the application of such provision to any person
or circumstances shall be held invalid, the remainder of the subchapter and the application
of such provisions to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017.)
§ 486. New employer exemption
(a) Notwithstanding any provision of this subchapter to the contrary, new employers shall
not be subject to the provisions of this subchapter for a period of one year after
the employer hires its first employee.
(b) For purposes of enforcement under subsections 483(l)-(n) of this subchapter, an employer shall be presumed to be subject to the provisions
of this subchapter unless the employer proves that a period of no more than one year
elapsed between the date on which the employer hired its first employee and the date
on which the employer is alleged to have violated the provisions of this subchapter.
(c) No employer shall transfer an employee to a second employer with whom there is, at
the time of the transfer, substantially common ownership, management, or control for
the purposes of either employer claiming an exemption pursuant to subsection (a) of
this section. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017.)
§ 487. Rules
The Commissioner may adopt rules to implement the provisions of this subchapter. (Added 2015, No. 172 (Adj. Sess.), § E.400.1, eff. Jan. 1, 2017.)
-
Subchapter 006: FAIR EMPLOYMENT PRACTICES
§ 495. Unlawful employment practice
(a) It shall be unlawful employment practice, except where a bona fide occupational qualification
requires persons of a particular race, color, religion, national origin, sex, sexual
orientation, gender identity, ancestry, place of birth, age, crime victim status,
or physical or mental condition:
(1) For any employer, employment agency, or labor organization to harass or discriminate
against any individual because of race, color, religion, ancestry, national origin,
sex, sexual orientation, gender identity, place of birth, crime victim status, or
age or against a qualified individual with a disability.
(2) For any person seeking employees or for any employment agency or labor organization
to cause to be printed, published, or circulated any notice or advertisement relating
to employment or membership indicating any preference, limitation, specification,
or discrimination based upon race, color, religion, ancestry, national origin, sex,
sexual orientation, gender identity, place of birth, crime victim status, age, or
disability.
(3) For any employment agency to fail or refuse to classify properly or refer for employment
or to otherwise harass or discriminate against any individual because of race, color,
religion, ancestry, national origin, sex, sexual orientation, gender identity, place
of birth, crime victim status, or age or against a qualified individual with a disability.
(4) For any labor organization to limit, segregate, or qualify its membership with respect
to any individual because of race, color, religion, ancestry, national origin, sex,
sexual orientation, gender identity, place of birth, crime victim status, or age or
against a qualified individual with a disability.
(5) For any employer, employment agency, labor organization, or person seeking employees
to discriminate against, indicate a preference or limitation, refuse properly to classify
or refer, or to limit or segregate membership on the basis of a person’s having a
positive test result from an HIV-related blood test.
(6) For any employer, employment agency, labor organization, or person seeking employees
to request or require an applicant, prospective employee, employee, prospective member,
or member to have an HIV-related blood test as a condition of employment or membership,
classification, placement, or referral.
(7) For any employer, employment agency, labor organization, or person seeking employees
to discriminate between employees on the basis of sex, race, national origin, sexual
orientation, or gender identity or against a qualified individual with a disability
by paying wages to employees of one sex, race, national origin, sexual orientation,
or gender identity or an employee who is a qualified individual with a disability
at a rate less than the rate paid to employees of the other sex or a different race,
national origin, sexual orientation, or gender identity or without the physical or
mental condition of the qualified individual with a disability for equal work that
requires equal skill, effort, and responsibility and is performed under similar working
conditions. An employer who is paying wages in violation of this section shall not
reduce the wage rate of any other employee in order to comply with this subsection.
(A) An employer may pay different wage rates under this subsection when the differential
wages are made pursuant to:
(i) A seniority system.
(ii) A merit system.
(iii) A system in which earnings are based on quantity or quality of production.
(iv) A bona fide factor other than sex, race, national origin, sexual orientation, gender
identity, or physical or mental condition. An employer asserting that differential
wages are paid pursuant to this subdivision (7)(A)(iv) shall demonstrate that the
factor does not perpetuate a differential in compensation based on sex, race, national
origin, sexual orientation, gender identity, or physical or mental condition; is job-related
with respect to the position in question; and is based upon a legitimate business
consideration.
(B)(i) No employer may do any of the following:
(I) Require, as a condition of employment, that an employee refrain from disclosing the
amount of his or her wages or from inquiring about or discussing the wages of other
employees.
(II) Require an employee to sign a waiver or other document that purports to deny the employee
the right to disclose the amount of his or her wages or to inquire about or discuss
the wages of other employees.
(ii) Unless otherwise required by law, an employer may prohibit a human resources manager
from disclosing the wages of other employees.
(C) Nothing in this subdivision (a)(7) shall be construed to:
(i) create any new rights for an employer to inquire about a characteristic of an employee
that is otherwise unknown to the employer upon which pay discrimination is prohibited
pursuant to the provisions of this subdivision (a)(7); or
(ii) diminish an employee’s right to privacy under any other law, or pursuant to an applicable
contract or collective bargaining agreement.
(8) An employer, employment agency, or labor organization shall not discharge or in any
other manner discriminate against any employee because the employee:
(A) has opposed any act or practice that is prohibited under this chapter;
(B) has lodged a complaint or has testified, assisted, or participated in any manner with
the Attorney General, a State’s Attorney, the Department of Labor, or the Human Rights
Commission in an investigation of prohibited acts or practices;
(C) is known by the employer to be about to lodge a complaint, testify, assist, or participate
in any manner in an investigation of prohibited acts or practices;
(D) has disclosed his or her wages or has inquired about or discussed the wages of other
employees; or
(E) is believed by the employer to have acted as described in subdivisions (A) through
(D) of this subdivision.
(b) The provisions of this section shall not be construed to limit the rights of employers
to discharge employees for good cause shown.
(c) The provisions of this section prohibiting discrimination on the basis of age shall
apply for the benefit of persons 18 years of age or older.
(d)(1) An employee shall not have a cause of action in negligence for any injury occurring
to the employee on the account of an employer complying with subdivisions (a)(5) and
(6) of this section.
(2) A person shall not have a cause of action in negligence for any injury occurring to
the person on account of an employer complying with subdivisions (a)(5) and (6) of
this section.
(e) The provisions of this section prohibiting discrimination on the basis of sexual orientation
and gender identity shall not be construed to prohibit or prevent any religious or
denominational institution or organization, or any organization operated for charitable
or educational purposes, that is operated, supervised, or controlled by or in connection
with a religious organization, from giving preference to persons of the same religion
or denomination or from taking any action with respect to matters of employment that
is calculated by the organization to promote the religious principles for which it
is established or maintained.
(f) [Repealed.]
(g) Notwithstanding any provision of this subchapter, an employer shall not be prohibited
from establishing and enforcing reasonable workplace policies to address matters related
to employees’ gender identity, including permitting an employer to establish a reasonable
dress code for the workplace.
(h) Nothing in this section shall require an employer to disclose the wages of an employee
in response to an inquiry by another employee, unless the failure to do so would otherwise
constitute unlawful employment discrimination. Unless otherwise required by law, nothing
in this section shall require an employee to disclose his or her wages in response
to an inquiry by another employee.
(i) An agreement to settle a claim of a violation of subsection (a) of this section shall
not prohibit, prevent, or otherwise restrict the employee from working for the employer
or any parent company, subsidiary, division, or affiliate of the employer. Any provision
of an agreement to settle a claim of a violation of subsection (a) of this section
that violates this subsection shall be void and unenforceable with respect to the
individual who made the claim.
(j) Except for claims alleging a violation of subdivision (a)(7) of this section or disparate
impact discrimination an employee shall not be required to demonstrate the existence
of another employee or individual to whom the employee’s treatment can be compared
to establish a violation of this section.
(k) Notwithstanding any State or federal judicial precedent to the contrary:
(1) harassment and discrimination need not be severe or pervasive to constitute a violation
of this section; and
(2) behavior that a reasonable employee with the same protected characteristic would consider
to be a petty slight or trivial inconvenience shall not constitute unlawful harassment
or discrimination pursuant to this section. (Added 1963, No. 196, § 1; amended 1971, No. 9, eff. Feb. 25, 1971; 1975, No. 198 (Adj. Sess.), § 1; 1981, No. 65, § 1; 1987, No. 176 (Adj. Sess.), §§ 1, 2; 1987, No. 176 (Adj. Sess.), §§ 1, 2; 1991, No. 135 (Adj. Sess.), § 15; 1999, No. 19, § 4; 1999, No. 103 (Adj. Sess.), § 1; 2001, No. 81 (Adj. Sess.), § 1, eff. April 25, 2002; 2005, No. 10, § 1; 2007, No. 41, § 18; 2013, No. 31, § 2; 2013, No. 35, § 2; 2013, No. 96 (Adj. Sess.), § 129; 2017, No. 113 (Adj. Sess.), § 145; 2017, No. 184 (Adj. Sess.), § 1; 2023, No. 6, § 249, eff. July 1, 2023; 2023, No. 80, § 1, eff. July 1, 2023.)
§ 495a. Persons entering into contracts with this State
The State of Vermont and all of its contracting agencies shall include in all contracts
negotiated a provision obligating the contractor to comply with this subchapter in
connection with any work to be performed in this State and requiring the contractor
to include a similar provision in all subcontracts for work to be performed in this
State. (1963, No. 196, § 2; amended 2023, No. 85 (Adj. Sess.), § 106, eff. July 1, 2024.)
§ 495b. Penalties and enforcement
(a)(1) The Attorney General or a State’s Attorney may enforce the provisions of this subchapter
by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance,
and conducting civil investigations in accordance with the procedures established
in 9 V.S.A. §§ 2458–2461 as though an unlawful employment practice were an unfair act in commerce. Any employer,
employment agency, or labor organization complained against shall have the same rights
and remedies as specified in 9 V.S.A. §§ 2458–2461. The Superior Courts are authorized to impose the same civil penalties and investigation
costs and to order other relief to the State of Vermont or an aggrieved employee for
violations of this subchapter as they are authorized to impose or order under the
provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Courts may order restitution
of wages or other benefits on behalf of an employee and may order reinstatement and
other appropriate relief on behalf of an employee.
(2) Any charge or formal complaint filed by the Attorney General or a State’s Attorney
against a person for unlawful discrimination or sexual harassment in violation of
the provisions of this chapter shall include a statement setting forth the prohibition
against retaliation pursuant to subdivision 495(a)(8) of this title.
(b) Any person aggrieved by a violation of the provisions of this subchapter may bring
an action in Superior Court seeking compensatory and punitive damages or equitable
relief, including restraint of prohibited acts, restitution of wages or other benefits,
reinstatement, costs, reasonable attorney’s fees, and other appropriate relief.
(c) Any employer who violates the provisions of subdivision 495(a)(7) of this title shall be liable to any affected employee in the amount of the underpaid wages and
an equal amount as liquidated damages, in addition to any other remedies available
under this section. (Added 1963, No. 196, § 3; amended 1975, No. 198 (Adj. Sess.), § 2; 1981, No. 65, § 2; 1999, No. 19, § 5; 2001, No. 81 (Adj. Sess.), § 2, eff. April 25, 2002; 2015, No. 97 (Adj. Sess.), § 55; 2017, No. 183 (Adj. Sess.), § 2; 2023, No. 85 (Adj. Sess.), § 107, eff. July 1, 2024.)
§ 495c. Application
This subchapter shall not be construed as limiting the rights of employers to hire
and fire and of labor organizations to determine the membership as long as such rights
are not exercised in violation of this subchapter. (1963, No. 196, § 4.)
§ 495d. Definitions
As used in this subchapter:
(1) “Employer” means any individual, organization, or governmental body, including any
partnership, association, trustee, estate, corporation, joint stock company, insurance
company, or legal representative, whether domestic or foreign, or the receiver, trustee
in bankruptcy, trustee, or successor thereof, and any common carrier by mail, motor,
water, air, or express company doing business in or operating within this State, and
any agent of such employer, that has one or more individuals performing services for
it within this State.
(2) “Employee” means every person who may be permitted, required, or directed by any employer,
in consideration of direct or indirect gain or profit, to perform services.
(3) “Employment agency” means every person, corporation, association, or governmental
body representative thereof engaged in the business of advertising for advising, classifying,
training, or referral of persons for employment within this State, or that at the
direction of any employer advertises, locates, advises, classifies, trains, refers,
or selects persons to engage in any employment.
(4) “Labor organization” means any organization or association that represents not less
than five employees and that exists for the purpose, in whole or in part, of dealing
with employers concerning grievances, labor disputes, wages, rates of pay, hours,
promotions, or other terms and conditions of employment.
(5) “Individual with a disability” means any natural person who:
(A) has a physical or mental impairment that substantially limits one or more major life
activities;
(B) has a history or record of such an impairment; or
(C) is regarded as having such an impairment.
(6) “Qualified individual with a disability” means:
(A) An individual with a disability who is capable of performing the essential functions
of the job or jobs for which the individual is being considered with reasonable accommodation
to the disability.
(B) Does not include any individual who is an alcoholic or drug abuser whose current use
of alcohol or drugs prevents such individual from performing the duties of the job
in question or whose employment, by reason of such current alcohol or drug abuse,
would constitute a direct threat to property or the safety of others.
(7) “Physical or mental impairment” means:
(A)(i) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs; cardiovascular; reproductive;
digestive; genito-urinary; hemic and lymphatic; skin; or endocrine;
(ii) any mental or psychological disorder, such as developmental disability, organic brain
syndrome, emotional or mental condition or psychiatric disability, and specific learning
disabilities;
(B) the term “physical or mental impairment” includes diseases and conditions such as
orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular
dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability,
emotional illness, and drug addiction and alcoholism.
(8) “Substantially limits” means the degree that the impairment affects an individual’s
employability. An individual with a disability who is likely to experience difficulty
in securing, retaining, or advancing in employment would be considered substantially
limited.
(9) “Major life activities” means functions such as caring for one’s self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, and
receiving education or vocational training.
(10) “Has a history or record of such an impairment” means that the individual has a history
of, or has been misclassified as having, a mental or physical impairment that substantially
limits one or more life activity.
(11) “Is regarded as having such an impairment” means that the individual:
(A) has a physical or mental impairment that does not substantially limit major life activities
but that is treated by an employer as constituting such a limitation;
(B) has a physical or mental impairment that substantially limits major life activities
only as a result of the attitudes of others toward such impairment; or
(C) has none of the impairments defined in subdivision (7)(A) of this section but is treated
by an employer as having such an impairment.
(12)(A) “Reasonable accommodation” means the changes and modifications that can be made in
the structure of a job or in the manner in which a job is performed unless it would
impose an undue hardship on the employer.
(B) “Reasonable accommodation” may include:
(i) making the facilities used by the employees, including common areas used by all employees
such as hallways, restrooms, cafeterias, and lounges, readily accessible to and usable
by individuals with disabilities; and
(ii) job restructuring, part-time or modified work schedules, acquisition or modification
of equipment or devices, and other similar actions.
(C) Factors to be considered in determining whether an undue hardship is imposed by the
requirement that reasonable accommodation be made for an individual with a disability
include:
(i) the overall size of the employer’s operation with respect to the number of employees,
number and type of facilities, and size of budget; and
(ii) the cost for the accommodation needed.
(13)(A) “Sexual harassment” is a form of sex discrimination and means unwelcome sexual advances,
requests for sexual favors, and other verbal, physical, written, auditory, or visual
conduct of a sexual nature when:
(i) submission to that conduct is made either explicitly or implicitly a term or condition
of employment;
(ii) submission to or rejection of such conduct by an individual is used as a component
of the basis for employment decisions affecting that individual; or
(iii) the conduct has the purpose or effect of interfering with an individual’s work or
creating an intimidating, hostile, or offensive work environment.
(B) Sexual harassment need not be severe or pervasive in order to be unlawful pursuant
to this subchapter.
(14) “Pregnancy-related condition” means a limitation of an employee’s ability to perform
the functions of a job caused by pregnancy, childbirth, or a medical condition related
to pregnancy or childbirth.
(15) “Crime victim” means any of the following:
(A) a person who has obtained a relief from abuse order issued under 15 V.S.A. § 1103;
(B) a person who has obtained an order against stalking or sexual assault issued under
12 V.S.A. chapter 178;
(C) a person who has obtained an order against abuse of a vulnerable adult issued under
33 V.S.A. chapter 69; or
(D)(i) a victim as defined in 13 V.S.A. § 5301, provided that the victim is identified as a crime victim in an affidavit filed by
a law enforcement official with a prosecuting attorney of competent state or federal
jurisdiction; and
(ii) shall include 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, provided
that the individual is not identified in the affidavit as the defendant.
(16) “Harass” means to engage in unwelcome conduct based on an employee’s race, color,
religion, national origin, sex, sexual orientation, gender identity, ancestry, place
of birth, age, crime victim status, or physical or mental condition that interferes
with the employee’s work or creates a work environment that is intimidating, hostile,
or offensive. In determining whether conduct constitutes harassment:
(A) The determination shall be made on the basis of the record as a whole, according to
the totality of the circumstances, and a single incident may constitute unlawful harassment.
(B) Incidents that may be harassment shall be considered in the aggregate with varying
types of conduct and conduct based on multiple characteristics viewed in totality
rather than in isolation.
(C) Conduct may constitute harassment, regardless of whether:
(i) the complaining employee is the individual being harassed;
(ii) the complaining employee acquiesced or otherwise submitted to or participated in the
conduct;
(iii) the conduct is also experienced by others outside the protected class involved in
the conduct;
(iv) the complaining employee was able to continue carrying out the employee’s job duties
and responsibilities despite the conduct;
(v) the conduct resulted in a physical or psychological injury; or
(vi) the conduct occurred outside the workplace.
(17) “Race” includes traits associated with or perceived to be associated with race, including
hair type, hair texture, hairstyles, and protective hairstyles. As used in this subdivision,
the term “protective hairstyles” includes hairstyles such as individual braids, cornrows,
locs, twists, Bantu knots, afros, afro puffs, and other formations, as well as wigs,
headwraps, and other head coverings. (Added 1975, No. 198 (Adj. Sess.), § 3; amended 1981, No. 65, § 3; 1993, No. 39, §§ 2, 3, eff. Oct. 1, 1993; 1999, No. 103 (Adj. Sess.), § 2; 2013, No. 96 (Adj. Sess.), § 130; 2017, No. 21, § 1, eff. Jan. 1, 2018; 2017, No. 113 (Adj. Sess.), § 146; 2017, No. 184 (Adj. Sess.), § 2; 2023, No. 80, § 2, eff. July 1, 2023; 2023, No. 92 (Adj. Sess.), § 2, eff. July 1, 2024; 2025, No. 18, § 30, eff. May 13, 2025.)
§ 495e. Restitution
The Superior Courts may order restitution of wages or other benefits on behalf of
a class of employees similarly situated, and may order reinstatement and other appropriate
relief on behalf of a class of employees. (Added 1975, No. 198 (Adj. Sess.), § 4, eff. July 1, 1977.)
§ 495f. Exemptions
Notwithstanding any other provision of this subchapter, it is not unlawful discrimination
on the basis of age or disability for any employer, employment agency or labor organization
to observe the terms of a bona fide seniority system or any bona fide employee benefit
plan, such as a retirement, pension, or life or health insurance plan, any of which
is not a subterfuge to evade the purposes of this subchapter. No employee benefit
plan, however, excuses the failure to hire any individual. No seniority system or
employee benefit plan shall require or permit the involuntary retirement of any individual
because of age. Mandatory retirement on account of age, necessitated under a police
or firefighter retirement system, is specifically authorized. (Added 1981, No. 65, § 4; amended 1999, No. 103 (Adj. Sess.), § 3.)
§ 495g. Provision applicable to college professors
Nothing in this subchapter shall be construed to prohibit any institution of higher
education as defined by section 1201(a) of the federal Higher Education Act of 1965
from retiring any employee who is serving under a contract of unlimited tenure, who
attains 70 years of age. Any employee whose tenure contract is terminated may, in
the discretion of the institution, be allowed to continue in the employ of the institution
on a nontenured basis. (Added 1981, No. 65, § 5; amended 2017, No. 74, § 38; 2023, No. 85 (Adj. Sess.), § 108, eff. July 1, 2024.)
§ 495h. Sexual harassment
(a)(1) All employers, employment agencies, and labor organizations have an obligation to
ensure a workplace free of sexual harassment.
(2) All persons who engage a person to perform work or services have an obligation to
ensure a working relationship with that person that is free from sexual harassment.
(b) Every employer shall:
(1) Adopt a policy against sexual harassment that shall include:
(A) a statement that sexual harassment in the workplace is unlawful;
(B) a statement that it is unlawful to retaliate against an employee for filing a complaint
of sexual harassment or for cooperating in an investigation of sexual harassment;
(C) a description and examples of sexual harassment;
(D) a statement of the range of consequences for employees who commit sexual harassment;
(E) if the employer has more than five employees, a description of the process for filing
internal complaints about sexual harassment and the names, addresses, and telephone
numbers of the person or persons to whom complaints should be made; and
(F) the complaint process of the appropriate State and federal employment discrimination
enforcement agencies, and directions as to how to contact such agencies.
(2) Post in a prominent and accessible location in the workplace, a poster providing,
at a minimum, the elements of the employer’s sexual harassment policy required by
subdivision (1) of this subsection.
(3) Provide to all employees an individual written copy of the employer’s policy against
sexual harassment.
(c)(1) Employers shall provide individual copies of their written policies to new employees
upon their being hired.
(2) If an employer makes changes to its policy against sexual harassment, it shall provide
to all employees a written copy of the updated policy.
(d) The Commissioner of Labor shall prepare and provide to employers subject to this section
a model policy and a model poster, which may be used by employers for the purposes
of this section.
(e) A claim that an individual did not receive the information required to be provided
by this section shall not, in and of itself, result in the automatic liability of
any employer to any current or former employee or applicant in any action alleging
sexual harassment. An employer’s compliance with the notice requirements of this section
does not insulate the employer from liability for sexual harassment of any current
or former employee or applicant.
(f)(1) Employers and labor organizations are encouraged to conduct an education and training
program for all new employees and members that includes at a minimum all the information
outlined in this section within one year after commencement of employment.
(2) Employers and labor organizations are encouraged to conduct an annual education and
training program for all employees and members that includes at a minimum all the
information outlined in this section.
(3) Employers are encouraged to conduct additional training for new supervisory and managerial
employees and members within one year after commencement of employment or membership,
which should include at a minimum the information outlined in this section, the specific
responsibilities of supervisory and managerial employees, and the actions that these
employees must take to ensure immediate and appropriate corrective action in addressing
sexual harassment complaints.
(4) Employers, labor organizations, and appropriate State agencies are encouraged to cooperate
in making this training available.
(g)(1) An employer shall not require any employee or prospective employee, as a condition
of employment, to sign an agreement or waiver that does either of the following:
(A) prohibits, prevents, or otherwise restricts the employee or prospective employee from
opposing, disclosing, reporting, or participating in an investigation of sexual harassment;
or
(B) except as otherwise permitted by State or federal law, purports to waive a substantive
or procedural right or remedy available to the employee with respect to a claim of
sexual harassment.
(2) Any provision of an agreement that violates subdivision (1) of this subsection shall
be void and unenforceable.
(h)(1) An agreement to settle a claim of sexual harassment shall not prohibit, prevent, or
otherwise restrict the employee from working for the employer or any parent company,
subsidiary, division, or affiliate of the employer.
(2) An agreement to settle a sexual harassment claim shall expressly state that:
(A) it does not prohibit, prevent, or otherwise restrict the individual who made the claim
from doing any of the following:
(i) lodging a complaint of sexual harassment committed by any person with the Attorney
General, a State’s Attorney, the Human Rights Commission, the Equal Employment Opportunity
Commission, or any other State or federal agency;
(ii) testifying, assisting, or participating in any manner with an investigation related
to a claim of sexual harassment conducted by the Attorney General, a State’s Attorney,
the Human Rights Commission, the Equal Employment Opportunity Commission, or any other
State or federal agency;
(iii) complying with a valid request for discovery in relation to civil litigation or testifying
in a hearing or trial related to a claim of sexual harassment that is conducted by
a court, pursuant to an arbitration agreement, or before another appropriate tribunal;
or
(iv) exercising any right the individual may have pursuant to State or federal labor relations
laws to engage in concerted activities with other employees for the purposes of collective
bargaining or mutual aid and protection; and
(B) it does not waive any rights or claims that may arise after the date the settlement
agreement is executed.
(3) Any provision of an agreement to settle a sexual harassment claim that violates subdivision
(1) or (2) of this subsection shall be void and unenforceable with respect to the
individual who made the claim.
(4) Nothing in subdivision (2) of this subsection shall be construed to prevent an agreement
to settle a sexual harassment claim from waiving or releasing the claimant’s right
to seek or obtain any remedies relating to sexual harassment of the claimant by another
party to the agreement that occurred before the date on which the agreement is executed.
(i)(1)(A)(i) For the purpose of assessing compliance with the provisions of this section, the Attorney
General or designee, or, if the employer is the State, the Human Rights Commission
or designee, may, with 48 hours’ notice, at reasonable times and without unduly disrupting
business operations enter and inspect any place of business or employment, question
any person who is authorized by the employer to receive or investigate complaints
of sexual harassment, and examine an employer’s records, policies, procedures, and
training materials related to the prevention of sexual harassment and the requirements
of this section.
(ii) An employer may agree to waive or shorten the 48-hour notice period.
(iii) As used in this subsection (i), the term “records” includes de-identified data regarding
the number of complaints of sexual harassment received and the resolution of each
complaint.
(B) The employer shall at reasonable times and without unduly disrupting business operations
make any persons who are authorized by the employer to receive or investigate complaints
of sexual harassment and any records, policies, procedures, and training materials
related to the prevention of sexual harassment and the requirements of this section
available to the Attorney General or designee or, if the employer is the State, the
Human Rights Commission or designee.
(2) Following an inspection and examination pursuant to subdivision (1) of this subsection
(i), the Attorney General or the Human Rights Commission shall notify the employer
of the results of the inspection and examination, including any issues or deficiencies
identified, provide resources regarding practices and procedures for the prevention
of sexual harassment that the employer may wish to adopt or utilize, and identify
any technical assistance that the Attorney General or the Human Rights Commission
may be able to provide to help the employer address any identified issues or deficiencies.
If the Attorney General or the Human Rights Commission determines that it is necessary
to ensure the employer’s workplace is free from sexual harassment, the employer may
be required, for a period of up to three years, to provide an annual education and
training program that satisfies the provisions of subdivision (4) of this subsection
to all employees or to conduct an annual, anonymous working-climate survey, or both.
(3)(A) The Attorney General shall keep records, materials, and information related to or
obtained through an inspection carried out pursuant to this subsection (i) confidential
as provided pursuant to 9 V.S.A. § 2460(a)(4).
(B) The Human Rights Commission shall keep records, materials, and information related
to or obtained through an inspection carried out pursuant to this subsection (i) confidential
as provided pursuant to 9 V.S.A. § 4555.
(4) If required by the Attorney General or Human Rights Commission pursuant to subdivision
(2) of this subsection, an employer shall conduct:
(A) an annual education and training program for all employees that includes at a minimum
all the information outlined in this section; and
(B) an annual education and training program for supervisory and managerial employees
that includes at a minimum all the information outlined in this section, the specific
responsibilities of supervisory and managerial employees, and the actions that these
employees must take to ensure immediate and appropriate corrective action in addressing
sexual harassment complaints.
(j) The Attorney General shall adopt rules as necessary to implement the provisions of
this section. (Added 1993, No. 39, § 4, eff. Oct. 1, 1993; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2017, No. 183 (Adj. Sess.), § 1.)
§ 495i. Employment based on credit information; prohibitions
(a) As used in this section:
(1) “Confidential financial information” means sensitive financial information of commercial
value that a customer or client of the employer gives explicit authorization for the
employer to obtain, process, and store and that the employer entrusts only to managers
or employees as a necessary function of their job duties.
(2) “Credit history” means information obtained from a third party, whether or not contained
in a credit report, that reflects or pertains to an individual’s prior or current:
(A) borrowing or repaying behavior, including the accumulation, payment, or discharge
of financial obligations; or
(B) financial condition or ability to meet financial obligations, including debts owed,
payment history, savings or checking account balances, or savings or checking account
numbers.
(3) “Credit report” has the same meaning as in 9 V.S.A. § 2480a.
(b) An employer shall not:
(1) fail or refuse to hire or recruit, discharge, or otherwise discriminate against an
individual with respect to employment; compensation; or a term, condition, or privilege
of employment because of the individual's credit report or credit history; or
(2) inquire about an applicant’s or employee’s credit report or credit history.
(c)(1) An employer is exempt from the provisions of subsection (b) of this section if one
or more of the following conditions are met:
(A) The information is required by State or federal law or regulation.
(B) The position of employment involves access to confidential financial information.
(C) The employer is a financial institution as defined in 8 V.S.A. § 11101(32) or a credit union as defined in 8 V.S.A. § 30101(5).
(D) The position of employment is that of a law enforcement officer as defined in 20 V.S.A. § 2351a, emergency medical personnel as defined in 24 V.S.A. § 2651(6), or a firefighter as defined in 20 V.S.A. § 3151(3).
(E) The position of employment requires a financial fiduciary responsibility to the employer
or a client of the employer, including the authority to issue payments, collect debts,
transfer money, or enter into contracts.
(F) The employer can demonstrate that the information is a valid and reliable predictor
of employee performance in the specific position of employment.
(G) The position of employment involves access to an employer’s payroll information.
(2) An employer that is exempt from the provisions of subsection (b) of this section may
not use an employee’s or applicant’s credit report or history as the sole factor in
decisions regarding employment; compensation; or a term, condition, or privilege of
employment.
(d) If an employer seeks to obtain or act upon an employee’s or applicant’s credit report
or credit history pursuant to subsection (c) of this section that contains information
about the employee’s or applicant’s credit score, credit account balances, payment
history, savings or checking account balances, or savings or checking account numbers,
the employer shall:
(1) Obtain the employee’s or applicant’s written consent each time the employer seeks
to obtain the employee’s or applicant’s credit report.
(2) Disclose in writing to the employee or applicant the employer’s reasons for accessing
the credit report and, if an adverse employment action is taken based upon the credit
report, disclose the reasons for the action in writing. The employee or applicant
has the right to contest the accuracy of the credit report or credit history.
(3) Ensure that none of the costs associated with obtaining an employee’s or an applicant’s
credit report or credit history are passed on to the employee or applicant.
(4) Ensure that the information in the employee’s or applicant’s credit report or credit
history is kept confidential and, if the employment is terminated or the applicant
is not hired by the employer, provide the employee or applicant with the credit report
or have the credit report destroyed in a secure manner that ensures the confidentiality
of the information in the report.
(e) An employer shall not discharge or in any other manner discriminate against an employee
or applicant who has filed a complaint of unlawful employment practices in violation
of this section or who has cooperated with the Attorney General or a State’s Attorney
in an investigation of such practices or who is about to lodge a complaint or cooperate
in an investigation or because the employer believes that the employee or applicant
may lodge a complaint or cooperate in an investigation.
(f) Notwithstanding subsection (c) of this section, an employer shall not seek or act
upon credit reports or credit histories in a manner that results in adverse employment
discrimination prohibited by federal or State law, including section 495 of this title and Title VII of the Civil Rights Act of 1964.
(g) This section shall apply only to employers, employees, and applicants for employment
and only to employment-related decisions based on a person’s credit history or credit
report. It shall not affect the rights of any person, including financial lenders
or investors, to obtain credit reports pursuant to other law. (Added 2011, No. 154 (Adj. Sess.), § 2; amended 2021, No. 20, § 218; 2021, No. 105 (Adj. Sess.), § 407, eff. July 1, 2022.)
§ 495j. Criminal history records; employment applications
(a) Except as provided in subsection (b) of this section, an employer shall not request
criminal history record information on its initial employee application form. An employer
may inquire about a prospective employee’s criminal history record during an interview
or once the prospective employee has been deemed otherwise qualified for the position.
(b)(1) An employer may inquire about criminal convictions on an initial employee application
form if the following conditions are met:
(A)(i) the prospective employee is applying for a position for which any federal or State
law or regulation creates a mandatory or presumptive disqualification based on a conviction
for one or more types of criminal offenses; or
(ii) the employer or an affiliate of the employer is subject to an obligation imposed by
any federal or State law or regulation not to employ an individual, in either one
or more positions, who has been convicted of one or more types of criminal offenses;
and
(B) the questions on the application form are limited to the types of criminal offenses
creating the disqualification or obligation.
(2) An employer shall be permitted to inquire about criminal convictions on an initial
employee application form pursuant to subdivision (1) of this subsection even if the
federal or State law or regulation creating an obligation for the employer or its
affiliate not to employ an individual who has been convicted of one or more types
of criminal offenses also permits the employer or its affiliate to obtain a waiver
that would allow the employer or its affiliate to employ such an individual.
(c) If an employer inquires about a prospective employee’s criminal history record information,
the prospective employee, if still eligible for the position under applicable federal
or State law, must be afforded an opportunity to explain the information and the circumstances
regarding any convictions, including postconviction rehabilitation.
(d) An employer who violates the provisions of this section shall be assessed a civil
penalty of up to $100.00 for each violation.
(e) As used in this section:
(1) “Criminal history record” has the same meaning as set forth in 20 V.S.A. § 2056a.
(2) “Employee” has the same meaning as set forth in section 495d of this chapter.
(3) “Employer” has the same meaning as set forth in section 495d of this chapter. (Added 2015, No. 81 (Adj. Sess.), § 1, eff. July 1, 2017.)
§ 495k. Accommodations for pregnancy-related conditions
(a)(1) It shall be an unlawful employment practice for an employer to fail to provide a reasonable
accommodation for an employee’s pregnancy-related condition, unless it would impose
an undue hardship on the employer.
(2) An employee with a pregnancy-related condition, regardless of whether the employee
is an “individual with a disability” as defined in subdivision 495d(5) of this subchapter,
shall have the same rights and be subject to the same standards with respect to the
provision of a reasonable accommodation, pursuant to this subchapter, as a qualified
individual with a disability as defined in subdivision 495d(6) of this subchapter.
(b) Nothing in this section shall be construed to diminish the rights, privileges, or
remedies of an employee pursuant to federal or State law, a collective bargaining
agreement, or an employment contract.
(c) An employer shall post notice of the provisions of this section in a form provided
by the Commissioner in a place conspicuous to employees at the employer’s place of
business.
(d) Nothing in this section shall be construed to indicate or deem that a pregnancy-related
condition necessarily constitutes a disability. (Added 2017, No. 21, § 2, eff. Jan. 1, 2018.)
§ 495l. Social media account privacy; prohibitions
(a) As used in this section:
(1) “Social media account” means an account with an electronic medium or service through
which users create, share, and interact with content, including videos, still photographs,
blogs, video blogs, podcasts, instant or text messages, e-mail, online services or
accounts, or internet website profiles or locations. “Social media account” does not
include an account provided by an employer or intended to be used primarily on behalf
of an employer.
(2) “Specifically identified content” means data, information, or other content stored
in a social media account that is identified with sufficient particularity to distinguish
the individual piece of content being sought from any other data, information, or
content stored in the account. “Specifically identified content” shall not include
a username, password, or other means of authentication for the purpose of accessing
an employee’s or applicant’s social media account.
(b) An employer shall not require, request, or coerce an employee or applicant to do any
of the following:
(1) disclose a username, password, or other means of authentication, or turn over an unlocked
personal electronic device for the purpose of accessing the employee’s or applicant’s
social media account;
(2) access a social media account in the presence of the employer;
(3) divulge or present any content from the employee’s or applicant’s social media account;
or
(4) change the account or privacy settings of the employee’s or applicant’s social media
account to increase third-party access to its contents.
(c) An employer shall not require or coerce an employee or applicant to add anyone, including
the employer, to his or her list of contacts associated with a social media account.
(d) No agreement by an employee to waive his or her rights under this section shall be
valid.
(e)(1) Nothing in this section shall preclude an employer from requesting an employee to
share specifically identified content for the purpose of:
(A) complying with the employer’s legal and regulatory obligations;
(B) investigating an allegation of the unauthorized transfer or disclosure of an employer’s
proprietary or confidential information or financial data through an employee’s or
an applicant’s social media account; or
(C) investigating an allegation of unlawful harassment, threats of violence in the workplace,
or discriminatory or disparaging content concerning another employee.
(2) Nothing in this section shall prohibit or restrict a law enforcement agency, as defined
in 15 V.S.A. § 1151(5), from requesting or requiring:
(A) an applicant to provide access to the applicant’s social media account as part of
a screening or fitness determination during the hiring process; or
(B) an employee to provide access to the employee’s social media account in relation to
a continued fitness determination or an allegation or investigation of employee misconduct,
a violation of policy, or a violation of law.
(3) Nothing in this section shall restrict or otherwise prohibit a law enforcement agency,
as defined in 15 V.S.A. § 1151(5), from retaining any social media account information acquired pursuant to this subsection,
provided that the information shall be protected in accordance with law and the law
enforcement agency’s policy.
(4) Nothing in this section shall be construed to prevent an employer from complying with
the requirements of State or federal law.
(f) Nothing in this section shall preclude an employer from requesting or requiring an
employee to provide a username or password that is necessary to access an employer-issued
electronic device.
(g) An employer shall not discharge or in any other manner retaliate against an employee
who exercises or attempts to exercise his or her rights under this section. The provisions
against retaliation in subdivision 495(a)(8) of this title and the penalty and enforcement provisions of section 495b of this title shall apply to this section. (Added 2017, No. 37, § 1, eff. Jan. 1, 2018.)
§ 495m. Salary history; employment applications
(a) An employer shall not:
(1) inquire about or seek information regarding a prospective employee’s current or past
compensation from either the prospective employee or a current or former employer
of the prospective employee;
(2) require that a prospective employee’s current or past compensation satisfy minimum
or maximum criteria; or
(3) determine whether to interview a prospective employee based on the prospective employee’s
current or past compensation.
(b) Notwithstanding subdivision (a)(1) of this section, if a prospective employee voluntarily
discloses information about his or her current or past compensation, an employer may,
after making an offer of employment with compensation to the prospective employee,
seek to confirm or request that the prospective employee confirm that information.
(c) Nothing in this section shall be construed to prevent an employer from:
(1) inquiring about a prospective employee’s salary expectations or requirements; or
(2) providing information about the wages, benefits, compensation, or salary offered in
relation to a position.
(d) As used in this section, “compensation” includes wages, salary, bonuses, benefits,
fringe benefits, and equity-based compensation. (Added 2017, No. 126 (Adj. Sess.), § 1.)
§ 495n. Sexual harassment complaints; notice to Attorney General and Human Rights Commission
(a) A person that files a claim of sexual harassment pursuant to section 495b of this
subchapter in which neither the Attorney General nor the Human Rights Commission is
a party shall provide notice of the action to the Attorney General and the Human Rights
Commission within 14 days after filing the complaint. The notice may be submitted
electronically and shall include a copy of the filed complaint.
(b)(1) Upon receiving notice of a complaint in which the State is a party, the Human Rights
Commission may elect to:
(A) intervene in the action to seek remedies pursuant to section 495b of this subchapter;
or
(B) without becoming a party to the action, file a statement with the court addressing
questions of law related to the provisions of this subchapter.
(2) Upon receiving notice of a complaint in which the State is not a party, the Attorney
General may elect to:
(A) intervene in the action to seek remedies pursuant to section 495b of this subchapter;
or
(B) without becoming a party to the action, file a statement with the court addressing
questions of law related to the provisions of this subchapter. (Added 2017, No. 183 (Adj. Sess.), § 7.)
§ 495o. Employer communications relating to religious or political matters; employee rights
(a) An employer, or an employer’s agent, shall not discharge, discipline, penalize, or
otherwise discriminate against, or threaten to discharge, discipline, penalize, or
otherwise discriminate against, an employee:
(1) because the employee declines:
(A) to attend or participate in an employer-sponsored meeting that has the primary purpose
of communicating the employer’s opinion about religious or political matters; or
(B) to view or participate in communications with or from the employer or the employer’s
agent that have the primary purpose of communicating the employer’s opinion about
religious or political matters; or
(2) as a means of requiring an employee to:
(A) attend an employer-sponsored meeting that has the primary purpose of communicating
the employer’s opinion about religious or political matters; or
(B) view or participate in communications with or from the employer or the employer’s
agent that have the primary purpose of communicating the employer’s opinion about
religious or political matters.
(b) Nothing in this section shall be construed to:
(1) limit an employee’s right to bring a civil action for wrongful termination; or
(2) diminish or limit any rights provided to an employee pursuant to a collective bargaining
agreement or employment contract.
(c) Nothing in this section shall be construed to prohibit an employer that is a religious
or denominational institution or organization, or any organization operated for charitable
or educational purposes, that is operated, supervised, or controlled by or in connection
with a religious organization, from:
(1) communicating with its employees regarding the employer’s opinion on religious matters;
(2) requiring its employees to attend a meeting regarding the employer’s opinion on religious
matters; or
(3) requiring its employees to view or participate in communications from the employer
or the employer’s agent regarding the employer’s opinion on religious matters.
(d) Nothing in this section shall be construed to prohibit an employer that is a political
organization, a political party, or an organization that engages, in substantial part,
in political matters from:
(1) communicating with its employees regarding the employer’s opinion on political matters;
(2) requiring its employees to attend a meeting regarding the employer’s opinion on political
matters; or
(3) requiring its employees to view or participate in communications from the employer
or the employer’s agent regarding the employer’s opinion on political matters.
(e) Nothing in this section shall be construed to prohibit an employer or the employer’s
agent from:
(1) communicating information to an employee:
(A) that the employer is required to communicate pursuant to State or federal law; or
(B) that is necessary for the employee to perform the employee’s job functions or duties;
(2) requiring an employee to attend a meeting to discuss issues related to the employer’s
business or operation when the discussion is necessary for the employee to perform
the employee’s job functions or duties; or
(3) offering meetings, forums, or other communications about religious or political matters
for which attendance or participation is entirely voluntary.
(f)(1) The penalty and enforcement provisions of section 495b of this subchapter shall apply
to this section.
(2) The provisions against retaliation in subdivision 495(a)(8) of this subchapter shall
apply to this section.
(g) As used in this section:
(1) “Political matters” means matters relating to:
(A) political affiliation;
(B) elections for political office;
(C) political parties;
(D) legislative proposals;
(E) the decision to join or support any political party or political, civic, community,
fraternal, or labor organization; or
(F) any combination of subdivisions (A) through (E) of this subdivision (g)(1).
(2) “Religious matters” means matters relating to:
(A) religious affiliation;
(B) religious practice;
(C) the decision to join or support any religious or denominational organization or institution;
or
(D) any combination of subdivisions (A) through (C) of this subdivision (g)(2). (Added 2023, No. 117 (Adj. Sess.), § 1, eff. July 1, 2024.)
§ 495p. Disclosure of compensation to prospective employees
(a)(1) An employer shall ensure that any advertisement of a Vermont job opening shall include
the compensation or range of compensation for the job opening.
(2) Notwithstanding subdivision (1) of this subsection:
(A) An advertisement for a job opening that is paid on a commission basis, whether in
whole or in part, shall disclose that fact and is not required to disclose the compensation
or range of compensation pursuant to subdivision (1) of this subsection (a).
(B) An advertisement for a job opening that is paid on a tipped basis shall disclose that
fact and the base wage or range of base wages for the job opening.
(b)(1) The provisions of this section and any claim of retaliation under subdivision 495(a)(8)
of this subchapter for asserting or exercising any rights provided pursuant to this
section shall only be enforced pursuant to the provisions of 21 V.S.A. § 495b(a)(1).
(2) It shall be a violation of this section and subdivision 495(a)(8) of this subchapter
for an employer to refuse to interview, hire, promote, or employ a current or prospective
employee for asserting or exercising any rights provided pursuant to this section.
(c) As used in this section:
(1) “Advertisement” means written notice, in any format, of a specific job opening that
is made available to potential applicants. “Advertisement” does not include:
(A) general announcements that notify potential applicants that employment opportunities
may exist with the employer but do not identify any specific job openings; or
(B) verbal announcements of employment opportunities that are made in person or on the
radio, television, or other electronic mediums.
(2) “Base wage” means the hourly wage that an employer pays to a tipped employee and does
not include any tips received by the employee. Nothing in this section shall be construed
to alter an employer’s obligations to comply with section 384 of this title.
(3) “Employer” means an employer, as defined pursuant to section 495d of this subchapter,
that employs five or more employees.
(4) “Good faith” means honesty in fact.
(5) “Potential applicants” includes both current employees of the employer and members
of the general public.
(6)(A) “Range of base wages” means the minimum and maximum base wages for a job opening that
the employer expects in good faith to pay for the advertised job at the time the employer
creates the advertisement.
(B) Nothing in this section shall be construed to prevent an employer from hiring an employee
for more or less than the range of base wages contained in a job advertisement based
on circumstances outside of the employer’s control, such as an applicant’s qualifications
or labor market factors.
(7)(A) “Range of compensation” means the minimum and maximum annual salary or hourly wage
for a job opening that the employer expects in good faith to pay for the advertised
job at the time the employer creates the advertisement.
(B) Nothing in this section shall be construed to prevent an employer from hiring an employee
for more or less than the range of compensation contained in a job advertisement based
on circumstances outside of the employer’s control, such as an applicant’s qualifications
or labor market factors.
(8)(A) “Vermont job opening” and “job opening” mean any position of employment that is:
(i) either:
(I) physically located in Vermont; or
(II) a remote position that will predominantly perform work for an office or work location
that is physically located in Vermont; and
(ii) a position for which an employer is hiring, including:
(I) positions that are open to internal candidates or external candidates, or both; and
(II) positions into which current employees of the employer can transfer or be promoted.
(B) “Vermont job opening” and “job opening” does not include a position that is physically
located outside of Vermont and that performs work that is predominantly for one or
more offices or work locations that are physically located outside of Vermont. (Added 2023, No. 155 (Adj. Sess.), § 1, eff. July 1, 2025.)
§ 496. Legislative leave
(a) Any employee who, in order to serve as a member of the General Assembly, must leave
a full-time position in the employ of any employer, shall be entitled to a temporary
or partial leave of absence for the purpose of allowing the employee to perform any
official duty in connection with the employee’s elected office. The leave of absence
shall not cause loss of job status, seniority, or the right to participate in insurance
and other employee benefits during the leave of absence.
(b) An employee who intends to seek election to the General Assembly and to invoke, if
elected, the right to a leave of absence pursuant to subsection (a) of this section,
shall notify the employee’s employer of those intentions in writing within 10 days
after filing the primary election nominating petition required by 17 V.S.A. § 2353 or of taking any other action required by 17 V.S.A. chapter 49, to place the employee’s
name on a primary or general election ballot. An employee who fails to give notice
to the employee’s employer as required by this section shall be deemed to have waived
the right to a leave of absence under subsection (a) of this section.
(c) An employer who contends that granting the leave of absence required by subsection
(a) of this section will cause unreasonable hardship for the employer’s business may
appeal for relief by letter to the Chair of the State Labor Relations Board created
by 3 V.S.A. § 921. The right to such appeal shall be waived unless it is filed within 14 days after
receipt of the notice required by subsection (b) of this section. The appeal shall
state the name of the employee and the reasons for the alleged unreasonable hardship.
The remedy created by this subsection shall be the exclusive remedy for an employer
who claims unreasonable hardship as a result of the application to the employer of
subsection (a) of this section.
(d) The Chair of the State Labor Relations Board, or any member of the Board designated
by the Chair, shall serve as an arbitrator in any case appealed pursuant to subsection
(c) of this section. The proceedings shall include an opportunity for the employee
to respond, orally or in writing, to the allegations of unreasonable hardship raised
by the employer, and shall be conducted in accord with the rules of practice of the
State Labor Relations Board. Within 30 days after receipt of a notice of appeal, the
arbitrator shall issue an order, which shall be binding on both parties, either granting
or denying the employer’s claim of unreasonable hardship. If the employer’s claim
is granted, the employee shall not be entitled to the protection of subsection (a)
of this section. In reaching a decision, the arbitrator shall consider, but is not
limited to, the following factors:
(1) the length of time the employee has been employed by the employer;
(2) the number of employees in the employer’s business;
(3) the nature of the employer’s business;
(4) the nature of the position held by the employee and the ease or difficulty and cost
of temporarily filling the position during the leave of absence; and
(5) any agreement entered into between the employee and employer as a condition of employment.
(e) This section is not applicable if the employer employs five or fewer persons immediately
prior to the first day of the leave of absence.
(f) Any attorney, party, witness, or juror who, while a member of and during sessions
of the General Assembly, is assigned or scheduled to appear in any court of the State
of Vermont shall be entitled to a leave of absence or postponement from such judicial
duties when the individual’s duties in the General Assembly are more compelling, for
the purpose of allowing the member to perform any official duties in connection with
the member’s elected office. The leave of absence or postponement shall not prejudice
the member or the cause involved. (Added 1979, No. 162 (Adj. Sess.); amended 1981, No. 230 (Adj. Sess.); 2023, No. 85 (Adj. Sess.), § 109, eff. July 1, 2024.)
§ 496a. State funds; union organizing
An employer that is the recipient of a grant of State funds in a single grant of more
than $1,000.00 shall certify to the State that none of the funds will be used to interfere
with or restrain the exercise of an employee’s rights with respect to unionization
and upon request shall provide records to the Secretary of Administration that attest
to such certification. (Added 2011, No. 154 (Adj. Sess.), § 4; amended 2013, No. 1, § 94, eff. March 7, 2013.)
-
Subchapter 011: DRUG TESTING
§ 511. Definitions
As used in this subchapter:
(1) “Applicant for employment” means an individual seeking or being sought for employment
with an employer.
(2) “Designated laboratory” means a laboratory designated by the Department of Health
under section 518 of this title.
(3) “Drug” means a drug listed or classified by the U.S. Drug Enforcement Administration
as a Schedule I drug, or its metabolites, and alcohol. It shall also mean other drugs
or their metabolites that are likely to cause impairment of the individual on the
job, which are: amitriptyline, amphetamines, barbiturates, benzodiazepines, cannabinoids,
cocaine, doxepin, glutethimide, hydromorphone, imipramine, meperidine, methadone,
methaqualone, opiates, oxycodone, pentazocine, phenytoin, phencyclidine, phenothiazines,
and propoxyphene. In addition, the Commissioner of Health may, pursuant to 3 V.S.A. chapter 25, add drugs to this list not recognized as being commonly abused and likely to cause
impairment of the employee on the job as of May 22, 1987.
(4) “Drug test” means the procedure of taking and analyzing body fluids or materials from
the body for the purpose of detecting the presence of a regulated drug as defined
in 18 V.S.A. chapter 84 or a drug as defined in subdivision (3) of this section.
(5) “Employee” means any person who may be permitted, required, or directed by any employer,
in consideration of direct or indirect gain or profit, to perform services.
(6) “Employer” means any individual, organization, or governmental body, including partnership,
association, trustee, estate, corporation, joint stock company, insurance company,
or legal representative, whether domestic or foreign, or the receiver, trustee in
bankruptcy, trustee, or successor thereof, and any common carrier by mail, motor,
water, air, or express company doing business in or operating within this State, which
has one or more individuals performing services for it within this State, or which
has offered or may offer employment to one or more individuals.
(7) “Employment agency” means a person who undertakes, with or without compensation, to
procure, refer, recruit, or place for an employer or person, the opportunity to work
for an employer.
(8) “Collector” means an individual certified by a U.S. Health and Human Services approved
collector certification program for each type of specimen to be collected. A “collector”
shall be recertified every three years and may not be an employee of the employer
for the purposes of performing a drug test based on probable cause. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987; amended 2001, No. 92 (Adj. Sess.), § 1, eff. May 1, 2002.)
§ 512. Drug testing of applicants; prohibitions; exceptions
(a) General prohibition. Except as provided in subsection (b) of this section, an employer or an employment
agency shall not, as a condition of employment, do any of the following:
(1) request or require that an applicant for employment take or submit to a drug test;
(2) administer or attempt to administer a drug test to an applicant for employment; or
(3) request or require that an applicant for employment consent, directly or indirectly,
to a practice prohibited under this subchapter.
(b) Exception. An employer may require an applicant for employment to submit to a drug test only
if all of the following conditions are met:
(1) Conditional offer of employment. The applicant has been given an offer of employment conditioned on the applicant receiving
a negative test result.
(2) Notice. The applicant received written notice of the drug testing procedure and a list of
the drugs to be tested. The notice shall also state that therapeutic levels of medically
prescribed drugs tested will not be reported. The notice required under this subdivision
may not be waived by the applicant.
(3) Administration. The drug test is administered in accordance with section 514 of this title. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987; amended 2001, No. 92 (Adj. Sess.), § 2, eff. May 1, 2002.)
§ 513. Drug testing of employees; prohibitions; exceptions
(a) General prohibition. Except as provided in subsection (c) of this section, an employer shall not, as a
condition of employment, promotion, or change of status of employment, or as an expressed
or implied condition of a benefit or privilege of employment, do any of the following:
(1) request or require that an employee take or submit to a drug test;
(2) administer or attempt to administer a drug test to an employee; or
(3) request or require that an employee consent, directly or indirectly, to a practice
prohibited under this subchapter.
(b) Random or company-wide tests. An employer shall not request, require, or conduct random or company-wide drug tests,
except when such testing is required by federal law or regulation.
(c) Exception. Notwithstanding the prohibition in subsection (a) of this section, an employer may
require an individual employee to submit to a drug test if all the following conditions
are met:
(1) Probable cause. The employer or an agent of the employer has probable cause to believe the employee
is using or is under the influence of a drug on the job.
(2) Employee assistance program. The employer has available for the employee tested a bona fide rehabilitation program
for alcohol or drug abuse and such program is provided by the employer or is available
to the extent provided by a policy of health insurance or under contract by a nonprofit
hospital service corporation.
(3) Employee may not be terminated. The employee may not be terminated if the test result is positive and the employee
agrees to participate in and then successfully completes the employee assistance program;
however, the employee may be suspended only for the period of time necessary to complete
the program, but in no event longer than three months. The employee may be terminated
if, after completion of an employee assistance program, the employer subsequently
administers a drug test in compliance with subdivisions (1) and (4) of this subsection
and the test result is positive.
(4) Administration of test. The drug test is administered in accordance with section 514 of this title. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987.)
§ 514. Administration of tests
An employer may request an applicant for employment or an employee to submit to a
drug test pursuant to this subchapter, provided the drug testing is performed in compliance
with all the following requirements:
(1) Drugs to be tested. The test shall be administered only to detect the presence of alcohol or drugs, as
defined in subdivision 511(3) of this title, at nontherapeutic levels.
(2) Written policy. The employer shall provide all persons tested with a written policy that identifies
the circumstances under which persons may be required to submit to drug tests, the
particular test procedures, the drugs that will be screened, a statement that over-the-counter
medications and other substances may result in a positive test, and the consequences
of a positive test result. The employer’s policy shall incorporate all provisions
of this section.
(3) Blood samples. An employer may not request or require that a blood sample be drawn for the purpose
of administering a drug test.
(4) Designated laboratory. The employer shall use only a laboratory designated by the Department of Health.
(5) Chain of custody. The collector shall establish a chain of custody procedure for both sample collection
and testing that will ensure the anonymity of the individual being tested and verify
the identity of each sample and test result.
(6) Urinalysis procedure. If a urinalysis procedure is used to screen for drugs, the employer shall:
(A) require the laboratory performing the test to confirm any sample that tests positive
by testing the sample by gas chromatography with mass spectrometry or an equivalent
scientifically accepted method that provides quantitative data about the detected
drug or drug metabolites; and
(B) provide the person tested with an opportunity, at the person’s request and expense,
to have a blood sample drawn at the time the urine sample is provided and preserved
in such a way that it can be tested later for the presence of drugs.
(7) Laboratory reports. A laboratory may report that a urine sample is positive only if both the initial test
and confirmation test are positive for the particular drug. Test results shall only
be provided by written report in accordance with subdivision (9) of this section.
(8) Negative test results. The detection of a drug at a therapeutic level as defined by the Commissioner of Health
shall be reported as a negative test result. The laboratory’s report shall not contain
any information indicating the presence of a drug at a therapeutic level as defined
by the Commissioner.
(9) Information to be supplied. The laboratory shall provide the medical review officer with a written report of the
drug test result. The medical review officer shall review the report and discuss the
results and options available with the individual tested. The written report shall
include all of the following information:
(A) the unique identifier code of the person tested;
(B) the type of test conducted for both initial screening and confirmation;
(C) the results of each test;
(D) the detection level, meaning the cut-off or measure used to distinguish positive and
negative samples, on both the initial screening and confirmation procedures;
(E) the name and address of the laboratory; and
(F) any other information provided by the laboratory concerning that person’s test.
(10) Preservation of samples. The collector shall ensure that a portion of any positive sample is preserved in a
condition that will permit accurate retesting for a period of not less than 90 days
after the person tested receives the result.
(11) Medical review officer. The employer shall contract with or employ a certified medical review officer who
shall be a licensed physician with knowledge of the medical use of prescription drugs
and the pharmacology and toxicology of illicit drugs. The medical review officer shall
review and evaluate all drug test results, ensure compliance with this section and
sections 515 and 516 of this subchapter, report the results of all tests to the individual
tested, and report only confirmed drug test results to the employer.
(12) Collector. The employer shall designate a collector to collect specimens from job applicants
and employees. The collector may be an employee for the purposes of collecting specimens
from job applicants. The collector may not be an employee for the purposes of collecting
specimens from employees for drug testing based on probable cause. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987; amended 2001, No. 92 (Adj. Sess.), § 3, eff. May 1, 2002; 2023, No. 85 (Adj. Sess.), § 119, eff. July 1, 2024.)
§ 515. Positive test results; opportunity to retest
(a) A medical review officer shall contact personally an employee or applicant who has
a positive test result and explain the results and why the results may not be accurate.
(b) The medical review officer shall provide any applicant or employee who has a positive
test result with an opportunity to retest a portion of the sample at an independent
laboratory at the expense of the person tested and shall consider the results of the
retest. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987; amended 2001, No. 92 (Adj. Sess.), § 4, eff. May 1, 2002.)
§ 516. Confidentiality
(a) Any health care information about an individual to be tested shall be collected only
by a medical review officer. This information shall be confidential and shall not
be released to anyone except the individual tested, and may not be obtained by court
order or process, except as provided in this subchapter. In addition, a medical review
officer shall not reveal the identity of an individual being tested to any person,
including the laboratory.
(b) Employers, medical review officers, laboratories, and the agents of any of these,
who receive or have access to information about drug test results, shall keep all
information confidential. Release of such information under any other circumstance
shall be solely pursuant to a written consent form signed voluntarily by the person
tested, except where such release is compelled by a court of competent jurisdiction
in connection with an action brought under this subchapter.
(c) If information about drug test results is released contrary to the provisions of this
subchapter, it shall be inadmissible as evidence in any judicial or quasi-judicial
proceeding, except in a court of competent jurisdiction in connection with an action
brought under this subchapter. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987; amended 2001, No. 92 (Adj. Sess.), § 5, eff. May 1, 2002; 2015, No. 23, § 12.)
§ 517. Employer’s authority
This subchapter shall not restrict an employer’s authority to prohibit the nonprescribed
use of drugs or alcohol during work hours, or restrict an employer’s authority to
discipline, suspend, or dismiss an employee for being under the influence of drugs
or alcohol during work hours, except as that authority is restricted under subsection 513(c)(3) of this title in reference to participation in an employee assistance program or suspension. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987.)
§ 518. Designated laboratory; rule making authority of the Commissioner
(a) The Department of Health shall designate laboratories to test body fluids or materials
for drugs. Such laboratories must be able to document competency in regard to personnel,
quality assurance programs, methodology and equipment, on site confirmation of positive
screening tests, security, confidentiality, and expert testimony.
(b) A laboratory that fails to comply with the provisions of this subchapter relating
to the confirmation and reporting of test information and the release of confidential
information shall lose its designation under this subsection.
(c) The Commissioner of Health shall adopt rules pursuant to 3 V.S.A. chapter 25 establishing
nontherapeutic levels of therapeutic drugs by establishing a range of values considering
average medical use for each particular drug or metabolite authorized to be tested
under this subchapter. (Added 1987, No. 61.)
§ 519. Enforcement
(a) Private right of action. An applicant or employee aggrieved by a violation of this subchapter may bring a civil
action for injunctive relief, damages, court costs, and attorney’s fees.
(b) Burden of proof. In a private right of action alleging that an employer has violated this subchapter,
the employer has the burden of proving that the requirements of sections 513, 514, and 516 of this title have been satisfied. In any civil action alleging that a laboratory has violated
the reporting or confidentiality sections of this subchapter, the laboratory shall
have the burden of proving that the requirements of sections 514 and 516 of this title have been satisfied.
(c) State action to obtain civil penalty. A person who violates any provision of this subchapter shall be subject to a civil
penalty of not less than $500.00 nor more than $2,000.00.
(d) State action to obtain criminal penalty. A person who knowingly violates any provision of this subchapter shall be fined not
less than $500.00 nor more than $1,000.00 or shall be imprisoned not more than six
months, or both. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987.)
§ 520. Repealed. 2017, No. 74, § 142.