Vermont H 461: An act relating to a transportation cap and invest program

Bill Text

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No. 32. An act relating to expanding employee access to unpaid leave.
(H.461)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. INTENT
It is the intent of the General Assembly to align Vermont’s family leave
policies with inclusive and equitable standards, ensuring that LGBTQ+
families, workers with low income, and individuals in nontraditional family
structures have equal access to caregiving leave without undue burden.
Sec. 2. 21 V.S.A. § 471 is amended to read:
§ 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:

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(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 an individual, organization, or governmental
body, partnership, association, corporation, legal representative, trustee,
receiver, trustee in bankruptcy, and any common carrier by rail, motor, water,
air, or express company doing business in or operating within this State that 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.
(2)(5) “Employee” means a person who, in consideration of direct or
indirect gain or profit, has been continuously employed by the same employer

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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.
(3)(6) “Family leave” means a leave of absence from employment by an
employee who works for an employer that employs 15 or more individuals
who are employed for an average of at least 30 hours per week during the year
for one of the following reasons:
(A) the serious health condition of the employee; or
(B) the serious health condition of the employee’s child, stepchild or
ward who lives with the employee, foster child, parent, spouse, or parent of the
employee’s spouse 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;

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(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.
(4)(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 w