Vermont 2025-2026 Regular Session

Vermont House Bill H0033 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.33
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5	5	VT LEG #379426 v.1
6	6	H.33 1
7	7	Introduced by Representatives Headrick of Burlington, Burrows of West 2
8	8	Windsor, Chapin of East Montpelier, Greer of Bennington, 3
9	9	Krasnow of South Burlington, LaMont of Morristown, Logan of 4
10	10	Burlington, McCann of Montpelier, McGill of Bridport, 5
11	11	Priestley of Bradford, Stevens of Waterbury, Tomlinson of 6
12	12	Winooski, Waszazak of Barre City, and White of Bethel 7
13	13	Referred to Committee on 8
14	14	Date: 9
15	15	Subject: Labor; employment practices; Parental and Family Leave Act; unpaid 10
16	16	leave 11
17	17	Statement of purpose of bill as introduced: This bill proposes to expand access 12
18	18	to unpaid family and medical leave and provide job-protected leave from 13
19	19	employment for reasons related to domestic violence, sexual assault, stalking, 14
20	20	bereavement, and a qualifying exigency. This bill also proposes to eliminate 15
21	21	barriers for LGBTQ+ families in accessing caregiving leave and to establish 16
22	22	reporting requirements to track the impact of expanded access. 17
23	23	An act relating to expanding employee access to unpaid leave 18 BILL AS INTRODUCED H.33
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27	27	VT LEG #379426 v.1
28	28	It is hereby enacted by the General Assembly of the State of Vermont: 1
29	29	Sec. 1. INTENT 2
30	30	It is the intent of the General Assembly to align Vermont’s family leave 3
31	31	policies with inclusive and equitable standards, ensuring that LGBTQ+ 4
32	32	families, low-income workers, and individuals in nontraditional family 5
33	33	structures have equal access to caregiving leave without undue burden. 6
34	34	Sec. 2. 21 V.S.A. § 471 is amended to read: 7
35	35	§ 471. DEFINITIONS 8
36	36	As used in this subchapter: 9
37	37	(1) “Bereavement leave” means a leave of absence from employment or 10
38	38	self-employment by an individual due to the death of the individual’s family 11
39	39	member that occurs not more than one year after the family member’s death. 12
40	40	Bereavement leave includes leave taken in relation to the administration or 13
41	41	settlement of the deceased family member’s estate. Leave taken in relation to 14
42	42	the administration or settlement of the deceased family member’s estate may 15
43	43	occur more than one year after the family member’s death. 16
44	44	(2) “Domestic partner” means an individual with whom the employee 17
45	45	has an enduring domestic relationship of a spousal nature, provided the 18
46	46	employee and the domestic partner: 19
47	47	(A) have shared a residence for at least six consecutive months; 20
48	48	(B) are at least 18 years of age; 21 BILL AS INTRODUCED H.33
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53	53	(C) are not married to or considered a domestic partner of another 1
54	54	individual; 2
55	55	(D) are not related by blood closer than would bar marriage under 3
56	56	State law; and 4
57	57	(E) have agreed between themselves to be responsible for each 5
58	58	other’s welfare. 6
59	59	(3) “Domestic violence” has the same meaning as in 15 V.S.A. § 1151. 7
60	60	(4) “Employer” means an individual, organization, or governmental 8
61	61	body, partnership, association, corporation, legal representative, trustee, 9
62	62	receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, 10
63	63	air, or express company doing business in or operating within this State that a 11
64	64	person who for the purposes of parental leave, bereavement leave, safe leave, 12
65	65	and leave for a qualifying exigency employs 10 or more individuals who are 13
66	66	employed for an average of at least 30 hours per week during a year and for the 14
67	67	purposes of family leave employs 15 or more individuals for an average of at 15
68	68	least 30 hours per week during a year. 16
69	69	(2)(5) “Employee” means a person who, in consideration of direct or 17
70	70	indirect gain or profit, has been continuously employed by the same employer 18
71	71	for a period of one year for an average of at least 30 hours per week. For 19
72	72	purposes of safe leave only, “employee” means a person who in consideration 20
73	73	of direct or indirect gain or profit has been continuously employed by the same 21 BILL AS INTRODUCED H.33
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78	78	employer for a period of six months for an average of at least 20 hours per 1
79	79	week. 2
80	80	(3)(6) “Family leave” means a leave of absence from employment by an 3
81	81	employee who works for an employer that employs 15 or more individuals 4
82	82	who are employed for an average of at least 30 hours per week during the year 5
83	83	for one of the following reasons: 6
84	84	(A) the serious health condition of the employee; or 7
85	85	(B) the serious health condition of the employee’s child, stepchild or 8
86	86	ward who lives with the employee, foster child, parent, spouse, or parent of the 9
87	87	employee’s spouse family member. 10
88	88	(7) “Family member” means: 11
89	89	(A) regardless of age, an employee’s biological, adopted, or foster 12
90	90	child; an employee’s stepchild or legal ward; a child of the employee’s spouse 13
91	91	or civil union or domestic partner; a child to whom the employee stands in loco 14
92	92	parentis, regardless of legal documentation; an individual to whom the 15
93	93	employee stood in loco parentis when the individual was under 18 years of 16
94	94	age; or any individual for whom the employee provides caregiving 17
95	95	responsibilities similar to those of a parent-child relationship; 18
96	96	(B)(i) a parent of an employee or an employee’s spouse or civil union 19
97	97	or domestic partner, regardless of whether the relationship to the employee or 20 BILL AS INTRODUCED H.33
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100	100
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102	102	the employee’s spouse or civil union or domestic partner is a biological, foster, 1
103	103	adoptive, or step relationship; 2
104	104	(ii) a legal guardian of an employee or employee’s spouse or civil 3
105	105	union or domestic partner; or 4
106	106	(iii) a person who stands in loco parentis for the employee or who 5
107	107	stood in loco parentis when the employee or employee’s spouse or civil union 6
108	108	or domestic partner was under 18 years of age; 7
109	109	(C) a person to whom the employee is legally married under the laws 8
110	110	of any state or a civil union or domestic partner of an employee; 9
111	111	(D) a grandparent, grandchild, or sibling of the employee or the 10
112	112	employee’s spouse or civil union or domestic partner, regardless of whether 11
113	113	the relationship to the employee or the employee’s spouse or civil union or 12
114	114	domestic partner is a biological, foster, adoptive, or step relationship; or 13
115	115	(E) any other individual with whom the employee has a significant 14
116	116	personal bond that is or is like a family relationship, regardless of formal 15
117	117	documentation, including individuals who rely on one another for caregiving, 16
118	118	emotional support, or other familial responsibilities; no specific evidence or 17
119	119	legal documentation shall be required to establish this relationship. 18
120	120	(4)(8) “Health care provider” means a licensed health care provider or a 19
121	121	health care provider as defined pursuant to 29 C.F.R. § 825.125. 20 BILL AS INTRODUCED H.33
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126	126	(9) “In loco parentis” means a relationship in which an individual has 1
127	127	day-to-day responsibilities to care for and support a child, regardless of 2
128	128	biological or legal ties. Financial support is not a requirement for this 3
129	129	relationship, recognizing caregiving roles beyond traditional definitions. 4
130	130	(5)(10) “Parental leave” means a leave of absence from employment by 5
131	131	an employee who works for an employer that employs 10 or more individuals 6
132	132	who are employed for an average of at least 30 hours per week during the year 7
133	133	for one of the following reasons: 8
134	134	(A) the employee’s pregnancy; 9
135	135	(B) the employee’s recovery from childbirth or miscarriage; 10
136	136	(C) the birth of the employee’s child and to care for or bond with the 11
137	137	child within one year after the child’s birth; or 12
138	138	(D) the initial placement of a child 18 years of age or younger with 13
139	139	the employee for the purpose of adoption or foster care and to care for or bond 14
140	140	with the child within one year after the placement for adoption or foster care. 15
141	141	(11) “Qualifying exigency” means a qualifying exigency identified 16
142	142	pursuant to 29 C.F.R. § 825.126 that is related to active duty service by a 17
143	143	family member in the U.S. Armed Forces. 18
144	144	(12) “Safe leave” means a leave of absence from employment by an 19
145	145	employee because: 20 BILL AS INTRODUCED H.33
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150	150	(A) the employee or the employee’s family member is a victim or 1
151	151	alleged victim of domestic violence, sexual assault, or stalking; 2
152	152	(B) the employee is using leave for one of the following reasons 3
153	153	related to domestic violence, sexual assault, or stalking: 4
154	154	(i) to seek or obtain medical care, counseling, or social or legal 5
155	155	services, either for themselves or for a family member; 6
156	156	(ii) to recover from injuries; 7
157	157	(iii) to participate in safety planning, either for themselves or for a 8
158	158	family member; 9
159	159	(iv) to relocate or secure safe housing, either for themselves or for 10
160	160	a family member; 11
161	161	(v) to meet with a State’s Attorney or law enforcement officer; or 12
162	162	(vi) to attend a hearing concerning an order against stalking or 13
163	163	sexual assault pursuant to 12 V.S.A. § 5133, when the employee seeks the 14
164	164	order as a plaintiff; and 15
165	165	(C) the employee is not the perpetrator or alleged perpetrator of the 16
166	166	domestic violence, sexual assault, or stalking. 17
167	167	(6)(13) “Serious health condition” means: 18
168	168	(A) an accident, illness, injury, disease, or physical or mental 19
169	169	condition that: 20
170	170	(i) poses imminent danger of death; 21 BILL AS INTRODUCED H.33
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175	175	(ii) requires inpatient care in a hospital, hospice, or residential 1
176	176	medical care facility; or 2
177	177	(iii) requires continuing treatment by a health care provider; or 3
178	178	(B) rehabilitation from an accident, illness, injury, disease, or 4
179	179	physical or mental condition described in subdivision (A) of this subdivision 5
180	180	(6)(13), including treatment for substance use disorder. 6
181	181	(14) “Sexual assault” has the same meaning as in 15 V.S.A. § 1151. 7
182	182	(15) “Stalking” has the same meaning as in 15 V.S.A. § 1151. 8
183	183	(16) “U.S. Armed Forces” means: 9
184	184	(A) the U.S. Army, Navy, Air Force, Marine Corps, Space Force, and 10
185	185	Coast Guard; 11
186	186	(B) a reserve component of the U.S. Army, Navy, Air Force, Marine 12
187	187	Corps, Space Force, and Coast Guard; or 13
188	188	(C) the National Guard of any state. 14
189	189	Sec. 3. 21 V.S.A. § 472 is amended to read: 15
190	190	§ 472. LEAVE 16
191	191	(a)(1) During any 12-month period, an employee shall be entitled to take 17
192	192	unpaid leave for a period not to exceed 12 weeks: 18
193	193	(1)(A) for parental leave, during the employee’s pregnancy and 19
194	194	following the birth of an employee’s child or within a year following the initial 20 BILL AS INTRODUCED H.33
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199	199	placement of a child 16 years of age or younger with the employee for the 1
200	200	purpose of adoption.; 2
201	201	(2)(B) for family leave, for the serious health condition of the employee 3
202	202	or the employee’s child, stepchild or ward of the employee who lives with the 4
203	203	employee, foster child, parent, spouse, or parent of the employee’s spouse; or 5
204	204	(C) for a qualifying exigency. 6
205	205	(2) During any 12-month period, an employee may use up to two out of 7
206	206	the 12 weeks of leave available pursuant to subdivision (1) of this subsection 8
207	207	for bereavement leave. 9
208	208	(3) In addition to the leave provided pursuant to subdivisions (1) and (2) 10
209	209	of this subsection, during any 12-month period an employee shall be entitled to 11
210	210	take unpaid leave for a period not to exceed 12 weeks for safe leave. 12
211	211	(b) During the leave, at the employee’s option, the employee may use 13
212	212	accrued sick leave or, vacation leave or, any other accrued paid leave, not to 14
213	213	exceed six weeks or short-term disability insurance. Utilization of accrued 15
214	214	paid leave or short-term disability insurance shall not extend the leave 16
215	215	provided pursuant to this section. 17
216	216	* * * 18
217	217	(e)(1) An employee shall give the employer reasonable written notice of 19
218	218	intent to take leave under this subchapter section. Notice shall include the date 20
219	219	the leave is expected to commence and the estimated duration of the leave. 21 BILL AS INTRODUCED H.33
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224	224	(2) In the case of the adoption or birth of a child, an employer shall not 1
225	225	require that notice be given more than six weeks prior to the anticipated 2
226	226	commencement of the leave. 3
227	227	(3) In the case of an unanticipated serious health condition, a 4
228	228	miscarriage, an unanticipated need for safe leave, a premature birth, the death 5
229	229	of a family member, or a short-notice qualifying exigency, the employee shall 6
230	230	give the employer notice of the commencement of the leave as soon as 7
231	231	practicable. 8
232	232	(4)(A) In the case of a serious health condition of the employee or a 9
233	233	member of the employee’s family, an employer may require certification from 10
234	234	a health care provider to verify the condition and the amount and necessity for 11
235	235	the leave requested. 12
236	236	(B) An employer may require an employee to provide documentation 13
237	237	of the need for safe leave. An employee may provide documentation from any 14
238	238	one of the following sources: 15
239	239	(i) a court or a law enforcement or other government agency; 16
240	240	(ii) a domestic violence, sexual assault, or stalking assistance 17
241	241	program; 18
242	242	(iii) a legal, clerical, medical, or other professional from whom the 19
243	243	employee, or the employee’s family member, received counseling or other 20
244	244	assistance concerning domestic violence, sexual assault, or stalking; or 21 BILL AS INTRODUCED H.33
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249	249	(iv) a self-attestation by the employee describing the 1
250	250	circumstances supporting the need for safe leave; no further corroboration shall 2
251	251	be required unless otherwise mandated by law. 3
252	252	(C) An employer may require an employee to provide documentation 4
253	253	of the need for bereavement leave. An employee may provide any of the 5
254	254	following forms of documentation: 6
255	255	(i) a death certificate; 7
256	256	(ii) a published obituary; or 8
257	257	(iii) a written notice or verification of death, burial, or memorial 9
258	258	services from a mortuary, funeral home, burial society, crematorium, religious 10
259	259	organization, or governmental agency. 11
260	260	(D) An employer may require an employee to provide documentation 12
261	261	of the need for leave for a qualifying exigency as set forth in 29 C.F.R. 13
262	262	§ 825.309. 14
263	263	(E) An employer shall not disclose any private medical information 15
264	264	or information relating to a safe leave that the employer receives pursuant to 16
265	265	this subdivision (4) except to the extent the disclosure is permitted by law and: 17
266	266	(i) consented to by the employee in writing; 18
267	267	(ii) required pursuant to a court order; or 19
268	268	(iii) required pursuant to State or federal law. 20 BILL AS INTRODUCED H.33
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273	273	(4)(5) An employee may return from leave earlier than estimated upon 1
274	274	approval of the employer. 2
275	275	(5)(6) An employee shall provide reasonable notice to the employer of 3
276	276	the need to extend leave to the extent provided by this subchapter. 4
277	277	(f) Upon return from leave taken under this subchapter, an employee shall 5
278	278	be offered the same or comparable job at the same level of compensation, 6
279	279	employment benefits, seniority, or any other term or condition of the 7
280	280	employment existing on the day leave began. This subchapter subsection shall 8
281	281	not apply if, prior to requesting leave, the employee had been given notice or 9
282	282	had given notice that the employment would terminate. This subsection shall 10
283	283	not apply if the employer can demonstrate by clear and convincing evidence 11
284	284	that: 12
285	285	(1) during the period of leave the employee’s job would have been 13
286	286	terminated or the employee laid off for reasons unrelated to the leave or the 14
287	287	condition for which the leave was granted; or 15
288	288	(2) the employee performed unique services and hiring a permanent 16
289	289	replacement during the leave, after giving reasonable notice to the employee of 17
290	290	intent to do so, was the only alternative available to the employer to prevent 18
291	291	substantial and grievous economic injury to the employer’s operation. 19
292	292	(g)(1) An employer may adopt a leave policy more generous than the leave 20
293	293	policy provided by this subchapter. 21 BILL AS INTRODUCED H.33
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298	298	(2)(A) Nothing in this subchapter shall be construed to diminish an 1
299	299	employer’s obligation to comply with any collective bargaining agreement or 2
300	300	any employment benefit program or plan that provides greater leave rights than 3
301	301	the rights provided by this subchapter. 4
302	302	(B) A collective bargaining agreement or employment benefit 5
303	303	program or plan may not diminish rights provided by this subchapter. 6
304	304	(3) Notwithstanding the provisions of this subchapter, an employee may, 7
305	305	at the time a need for parental or family leave arises, waive some or all the 8
306	306	rights under this subchapter provided the waiver is informed and voluntary and 9
307	307	any changes in conditions of employment related to any waiver shall be 10
308	308	mutually agreed upon between employer and employee. 11
309	309	(h) Except for the serious health condition of the employee or safe leave 12
310	310	when the employee is the victim or alleged victim, an employee who does not 13
311	311	return to employment with the employer who provided the leave shall return to 14
312	312	the employer the value of any compensation that the employer paid to or on 15
313	313	behalf of the employee during the leave, except payments for accrued sick 16
314	314	leave or vacation leave. 17
315	315	Sec. 4. 21 V.S.A. § 472a is amended to read: 18
316	316	§ 472a. SHORT-TERM FAMILY LEAVE 19
317	317	(a) In addition to the leave provided in section 472 of this title, an 20
318	318	employee shall be entitled to take unpaid leave not to exceed four hours in any 21 BILL AS INTRODUCED H.33
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323	323	30-day period and not to exceed 24 hours in any 12-month period. An 1
324	324	employer may require that leave be taken in a minimum of two-hour segments 2
325	325	and may be taken for any of the following purposes: 3
326	326	(1) To participate in preschool or school activities directly related to the 4
327	327	academic educational advancement of the employee’s child, stepchild, foster 5
328	328	child, or ward who lives with the employee family member, such as a parent-6
329	329	teacher conference. 7
330	330	(2) To attend or to accompany the employee’s child, stepchild, foster 8
331	331	child, or ward who lives with the employee or the employee’s parent, spouse, 9
332	332	or parent-in-law family member to routine medical or dental appointments. 10
333	333	(3) To accompany the employee’s parent, spouse, or parent-in-law 11
334	334	family member to other appointments for professional services related to their 12
335	335	care and well-being. 13
336	336	(4) To respond to a medical emergency involving the employee’s child, 14
337	337	stepchild, foster child, or ward who lives with the employee or the employee’s 15
338	338	parent, spouse, or parent-in-law family member. 16
339	339	* * * 17
340	340	Sec. 5. 21 V.S.A. § 472c is amended to read: 18
341	341	§ 472c. LEAVE; ALLEGED CRIME VICTIMS; RELIEF FROM 19
342	342	STALKING OR ABUSE 20
343	343	* * * 21 BILL AS INTRODUCED H.33
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348	348	(b) In addition to the leave provided in section 472 of this title, an 1
349	349	employee shall be entitled to take unpaid leave from employment for the 2
350	350	purpose of attending a deposition or court proceeding related to: 3
351	351	* * * 4
352	352	(2) a relief from abuse hearing pursuant to 15 V.S.A. § 1103, when the 5
353	353	employee seeks the order as a plaintiff; or 6
354	354	(3) a hearing concerning an order against stalking or sexual assault 7
355	355	pursuant to 12 V.S.A. § 5133, when the employee seeks the order as plaintiff; 8
356	356	or 9
357	357	(4) a relief from abuse, neglect, or exploitation hearing pursuant to 10
358	358	33 V.S.A. chapter 69, when the employee is the plaintiff. 11
359	359	* * * 12
360	360	Sec. 6. 21 V.S.A. § 475 is added to read: 13
361	361	§ 475. REPORTING REQUIREMENTS 14
362	362	(a) The Commissioner of Labor shall adopt rules requiring employers to 15
363	363	track and report on the usage rate of leave taken under this subchapter. The 16
364	364	reports shall be submitted to the Commissioner of Labor and shall include: 17
365	365	(1) aggregated data on leave usage rates by all employees, including 18
366	366	those in nontraditional family structures, LGBTQ+ families, and chosen family 19
367	367	relationships; and 20 BILL AS INTRODUCED H.33
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372	372	(2) data on barriers or challenges reported by employees attempting to 1
373	373	access leave under this subchapter. 2
374	374	(b) The Commissioner of Labor shall compile data from the reports 3
375	375	submitted by employers and use the information to identify structural barriers 4
376	376	to accessing leave under this subchapter and make recommendations to 5
377	377	improve access and reduce equity gaps. 6
378	378	Sec. 7. EFFECTIVE DATE 7
379	379	This act shall take effect on July 1, 2025. 8