The Vermont Statutes Online

Title 21 : Labor

Chapter 005 : Employment Practices

Subchapter 004A : PARENTAL AND FAMILY LEAVE

• § 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.)