Vermont Leave Law
In addition to rights under the federal Family and Medical Leave Act (FMLA), the State of Vermont has passed a Parental and Family Leave law. It is very similar to the FMLA,, but has the benefit of covering a greater number of employees. The following is a brief summary of this law.
If you are planning to take leave, it is advisable to contact your Human Resources Department for additional details.
PARENTAL AND FAMILY LEAVE
Who Is Eligible?
You are eligible for Parental Leave if you work for an employer who employs ten or more individuals who are employed an average of at least 30 hours per week during a year, and you have been employed by the same employer for a period of one year for an average of at least 30 hours per week.You are eligible for Family Leave if you work for an employer who employs 15 or more individuals who are employed an average of at least 30 hours per week during a year, and you have been employed by the same employer for a period of one year for an average of at least 30 hours per week.
What Does Parental & Family Leave Provide?
During any twelve-month period, you make take a combined total of up to 12 weeks of unpaid leave for:
Parental Leave -- meaning leave during your pregnancy and following the birth of your child, or within a year following you initial adoption of a child 16 years old or younger; and/orFamily Leave -- meaning leave due to your own serious illness or the serious illness of your child, stepchild, ward, foster child, parent, spouse or parent-in-law.
What Is A Serious Illness?
A "serious illness" means an accident, disease or physical or mental condition that:
Poses imminent danger of death; orRequires inpatient care in a hospital; orRequires continuing in-home care under the direction of a physician.
What Notice Is Required?
You must give reasonable written notice of your intent to take leave under this law. Such notice should include the date your leave is expected to begin and the estimated time it will last.
If you are taking leave due to a serious illness, your employer may require that you provide certification from a physician to verify the condition and the amount of leave that is necessary.
Is Parental & Family Leave Paid Leave?
Generally, no. However, you may use up to six weeks of accrued paid leave (such as sick leave) in conjunction with your Parental and Family Leave.
What Happens To My Benefits During Leave?
Your employer must continue to provide employment benefits. However, you may be required to pay the entire cost of your benefits at the existing employee contribution rate.
Will My Job Be Protected?
Yes. When you return from leave, you will be offered the same or a comparable job. "Comparable" means that the job will have the same level of compensation, employment benefits, seniority or any other terms and conditions of employment.
What If I Need Additional Leave?
The law also includes a provision for Short-Term Family Leave. You are eligible for Short-Term Family Leave if you have been employed by the same employer for a period of one year for an average of at least 30 hours per week.
How Much Short-Term Leave Is Available?
In addition to the leave provided above, you are entitled to take unpaid leave not to exceed four hours in any 30-day period and not to exceed 24 hours in any 12-month period. Your employer may require that short-term leave be taken in a minimum of two-hour segments.
What Are Legitimate Reasons for Short-Term Leave?
You may take short-term leave for any of the following reasons:
To participate in school activities directly related to the academic educational advancement of your child, stepchild, foster child or ward (e.g. parent-teacher conferences).
To accompany your child, stepchild, foster child, ward, parent, spouse or parent-in-law to routine medical or dental appointments.To accompany your parent, spouse or parent-in-law to other appointments for professional services related to their care and well-being.To respond to a medical emergency involving your child, stepchild, foster child, ward, parent, spouse or parent-in-law.« Previous Next »
Are There Any Notice Requirements For Use Of Short-Term Leave?
You must make a reasonable effort to schedule appointments covered by this law for times outside regular work hours. If you cannot, you must give your employer the earliest possible notice, but at least seven days in advance.
Exception: For leave taken to respond to a medical emergency, you are not required to give seven days advance notice.
Researched and written by:
Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NYGet Your Personal Guide
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