The Vermont Statutes Online

Title 21: Labor

Chapter 016A: Domestic and Sexual Violence Survivors' Transitional Employment Program

• § 1251. Purpose

  The purpose of the domestic and sexual violence survivors’ transitional employment program is to provide temporary, partial wage replacement to individuals who must leave employment, without good cause attributable to the employer, because of circumstances directly resulting from domestic violence, sexual assault, or stalking. (Added 2005, No. 49, § 1.)

• § 1252. Definitions

  For the purposes of this chapter:

  (1) “Commissioner” means the Commissioner of Labor or the Commissioner’s designee.

  (2) “Department” means the Department of Labor.

  (3) “Domestic and sexual violence” means domestic violence, sexual assault, or stalking as defined in 15 V.S.A. § 1151.

  (4) “Weekly payment” means an amount determined in accordance with section 1338 of this title. (Added 2005, No. 49, § 1; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)

• § 1253. Eligibility

  The Commissioner shall make all determinations for eligibility under this chapter. An individual shall be eligible for up to 26 weekly payments when the Commissioner determines that the individual voluntarily left work due to circumstances directly resulting from domestic and sexual violence, provided the individual:

  (1) Leaves employment for one of the following reasons:

  (A) The individual reasonably fears that the domestic and sexual violence will continue at or en route to or from the place of employment.

  (B) The individual intends to relocate in order to avoid future domestic and sexual violence against the individual or a member of the individual’s family.

  (C) The individual reasonably believes that leaving the employment is necessary for the safety of the individual or a member of the individual’s family.

  (D) The individual is physically or emotionally unable to work as a result of experiencing domestic or sexual violence as certified by a medical professional. The certification shall be reviewed by the Commissioner every six weeks and may be renewed until the individual is able to work or the benefits are exhausted.

  (2) Complies with all the following:

  (A) Prior to leaving employment has pursued reasonable alternatives to leaving the employment, which may include seeking a protection order, relocating to a secure place, or seeking reasonable accommodation from the employer, such as a transfer or different assignment. Failure to pursue reasonable alternatives may be excused if the individual establishes that pursuit of alternatives is likely to:

  (i) be futile;

  (ii) increase the risk of future incidents of domestic and sexual violence;

  (iii) not adequately address the specific circumstances that led to the individual’s decision to separate from employment.

  (B) Provides the Department with satisfactory documentation of the domestic and sexual violence. The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in 18 V.S.A. § 9432(9). Information relating to the domestic and sexual violence, including the claimant’s statement and corroborating evidence, provided to the Department shall not be disclosed by the Department unless the claimant has signed a consent to disclose form. In the event the Department is legally required to release this information without consent by the claimant, the Department shall notify the claimant at the time the notice or request for release of information is received by the Department and prior to releasing the requested information.

  (C) Has been found ineligible for unemployment solely on the basis of the separation from employment. (Added 2005, No. 49, § 1; amended 2013, No. 72, § 35d; 2017, No. 74, § 47.)

• § 1254. Conditions

  An individual shall be eligible to receive payments with respect to any week, only if the Commissioner finds that the individual complies with all of the following requirements:

  (1) files a claim certifying that he or she did not work during the week;

  (2) is not eligible for unemployment compensation benefits; and

  (3) is working with the Department to determine work readiness and taking reasonable steps as determined by the Commissioner to become employed. (Added 2005, No. 49, § 1; amended 2013, No. 72, § 35e.)

• § 1255. Procedures

  (a) The Commissioner or designee shall review all claims for payment and shall promptly provide written notification to the individual of any claim that is denied and the reasons for the denial.

  (b) Within 30 days after receipt of a denial, the individual may appeal the determination to the Commissioner by requesting a review of the decision. On appeal to the Commissioner, the individual may provide supplementary evidence to the record. The Commissioner shall review the record within seven working days after the notice of the appeal is filed and promptly notify the individual in writing of the Commissioner’s decision. The decision of the Commissioner shall become final unless an appeal to the Supreme Court is taken within 30 days of the date of the Commissioner’s decision. (Added 2005, No. 49, § 1; amended 2013, No. 72, § 35f.)

• § 1256. Notification to the public

  The Department shall take reasonable measures to provide information to the public about the Program, including publishing information on the Department’s website and providing timely materials related to the Program to public agencies of the State and organizations that work with domestic and sexual violence survivors, including law enforcement, State’s Attorneys, community justice centers, the Center for Crime Victim Services, the Vermont Network Against Domestic and Sexual Violence (the Network), and any others deemed appropriate by the Commissioner in consultation with the Network. (Added 2023, No. 76, § 46, eff. July 1, 2023.)