Vermont H 239: An act relating to establishing various employment standards and protections

Bill Text

BILL AS INTRODUCED H.239
2025 Page 1 of 5

VT LEG #380681 v.1
H.239 1
Introduced by Representatives McCann of Montpelier, Casey of Montpelier, 2
Cordes of Bristol, Hooper of Burlington, Logan of Burlington, 3
McGill of Bridport, Pouech of Hinesburg, and Priestley of 4
Bradford 5
Referred to Committee on 6
Date: 7
Subject: Executive; classification of State personnel; State Employees Labor 8
Relations Act; Judiciary Employees Labor Relations Act; temporary 9
State employees 10
Statement of purpose of bill as introduced: This bill proposes to establish 11
certain rights for temporary State employees and to permit long-term 12
temporary State employees to collectively bargain. 13
An act relating to temporary State employees 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 3 V.S.A. § 331 is amended to read: 16
§ 331. TEMPORARY EMPLOYEES 17
* * * 18
(f)(1) An individual employed in a temporary or seasonal capacity shall 19

BILL AS INTRODUCED H.239
2025 Page 2 of 5

VT LEG #380681 v.1
(A) be entitled to the whistleblower protections, rights, and remedies 1
provided to State employees pursuant to sections 971-978 of this title; 2
(B) be paid in accordance with the job classification and pay plan for 3
classified State employees that is most closely applicable to the work 4
performed by the individual; and 5
(C) receive paid and unpaid leave, including sick and annual leave, 6
parental and family leave, holidays, and other leave benefits provided to 7
comparable classified State employees. 8
(2) An individual employed in a temporary or seasonal capacity shall 9
not be terminated without good cause. 10
(3) The State shall provide an individual who has been employed in a 11
temporary capacity for a period of six months with health insurance benefits 12
that, at a minimum, satisfy the affordable minimum essential coverage 13
standards of the Affordable Care Act and provide coverage for the individual’s 14
dependents. 15
Sec. 2. 3 V.S.A. § 902 is amended to read: 16
§ 902. DEFINITIONS 17
As used in this chapter: 18
* * * 19
(5) “State employee” means any individual employed on a permanent or 20
limited-status basis by the State of Vermont, the Vermont State Colleges, the 21

BILL AS INTRODUCED H.239
2025 Page 3 of 5

VT LEG #380681 v.1
University of Vermont, the State’s Attorneys’ offices, or as a full-time deputy 1
sheriff paid by the State pursuant to 24 V.S.A. § 290(b), including permanent 2
part-time employees, and an individual whose work has ceased as a 3
consequence of, or in connection with, any current labor dispute or because of 4
any unfair labor practice, but excluding an individual: 5
(A) exempt or excluded from the State classified service under the 6
provisions of section 311 of this title, except that the following types of 7
employees are included within the meaning of “State employee”: 8
(i) State Police in the Department of Public Safety; 9
(ii) employees of the Defender General, excluding attorneys 10
employed directly by the Defender General and attorneys contracted to provide 11
legal services; 12
(iii) deputy State’s Attorneys; 13
(iv) employees of State’s Attorneys’ offices; and 14
(v) full-time deputy sheriffs paid by the State pursuant to 24 15
V.S.A. § 290(b) are included within the meaning of “State employee”; and 16
(vi) individuals employed in temporary or intermittent positions 17
who work more than 1,280 hours per year in one or more such positions for a 18
period of two years, or who are designated as temporary employees but whose 19
employment does not comply with the requirements of subsection 331(b) of 20
this title; 21

BILL AS INTRODUCED H.239
2025 Page 4 of 5

VT LEG #380681 v.1
* * * 1
Sec. 3. 3 V.S.A. § 1011 is amended to read: 2
§ 1011. DEFINITIONS 3
As used in this chapter: 4
* * * 5
(8) “Employee,” means any individual employed and compensated on a 6
permanent or limited status basis by the Judiciary Department, including 7
permanent part-time employees and any individual whose employment has 8
ceased as a consequence of, or in connection with, any current labor dispute or 9
because of an unfair labor practice. “Employee” does not include any of the 10
following: 11
* * * 12
(E) an individual employed on a temporary, contractual, seasonal, or 13
on-call basis, including an intern, provided that: 14
(i) the individual was hired to: 15
(I) temporarily replace an employee on vacation, medical leave, 16
or another leave of absence; 17
(II) accommodate peak or increased workloads; or 18
(III) replace or supplement permanent employees working on 19
special assignments or projects not normally included in the duties of 20
permanent employees; and 21

BILL AS INTRODUCED H.239
2025 Page 5 of 5

VT LEG #380681 v.1
(ii) the individual has not worked more than 1,280 hours per year 1
in one or more such positions for a period of two years; 2
* * * 3
Sec. 4. EFFECTIVE DATE 4
This act shall take effect on July 1, 2025. 5