§ 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.)