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) “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.)