The Vermont Statutes Online

Title 21 : Labor

Chapter 005 : Employment Practices

Subchapter 004A : PARENTAL AND FAMILY LEAVE

• § 471. Definitions

  As used in this subchapter:

  (1) “Employer” means an 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 that for the purposes of parental leave 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.

  (2) “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.

  (3) “Family leave” means a leave of absence from employment by an employee who works for an employer that employs 15 or more individuals who are employed for an average of at least 30 hours per week during the year for one of the following reasons:

  (A) the serious health condition of the employee; or

  (B) the serious health condition of the employee’s child, stepchild or ward who lives with the employee, foster child, parent, spouse, or parent of the employee’s spouse.

  (4) “Health care provider” means a licensed health care provider or a health care provider as defined pursuant to 29 C.F.R. § 825.125.

  (5) “Parental leave” means a leave of absence from employment by an employee who works for an employer that employs 10 or more individuals who are employed for an average of at least 30 hours per week during the year for one of the following reasons:

  (A) the birth of the employee’s child; or

  (B) the initial placement of a child 16 years of age or younger with the employee for the purpose of adoption.

  (6) “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 (6), including treatment for substance use disorder. (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.)