Vermont H 33: An act relating to expanding employee access to unpaid leave

Bill Text

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VT LEG #379426 v.1
H.33 1
Introduced by Representatives Headrick of Burlington, Burrows of West 2
Windsor, Chapin of East Montpelier, Greer of Bennington, 3
Krasnow of South Burlington, LaMont of Morristown, Logan of 4
Burlington, McCann of Montpelier, McGill of Bridport, 5
Priestley of Bradford, Stevens of Waterbury, Tomlinson of 6
Winooski, Waszazak of Barre City, and White of Bethel 7
Referred to Committee on 8
Date: 9
Subject: Labor; employment practices; Parental and Family Leave Act; unpaid 10
leave 11
Statement of purpose of bill as introduced: This bill proposes to expand access 12
to unpaid family and medical leave and provide job-protected leave from 13
employment for reasons related to domestic violence, sexual assault, stalking, 14
bereavement, and a qualifying exigency. This bill also proposes to eliminate 15
barriers for LGBTQ+ families in accessing caregiving leave and to establish 16
reporting requirements to track the impact of expanded access. 17
An act relating to expanding employee access to unpaid leave 18

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VT LEG #379426 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. INTENT 2
It is the intent of the General Assembly to align Vermont’s family leave 3
policies with inclusive and equitable standards, ensuring that LGBTQ+ 4
families, low-income workers, and individuals in nontraditional family 5
structures have equal access to caregiving leave without undue burden. 6
Sec. 2. 21 V.S.A. § 471 is amended to read: 7
§ 471. DEFINITIONS 8
As used in this subchapter: 9
(1) “Bereavement leave” means a leave of absence from employment or 10
self-employment by an individual due to the death of the individual’s family 11
member that occurs not more than one year after the family member’s death. 12
Bereavement leave includes leave taken in relation to the administration or 13
settlement of the deceased family member’s estate. Leave taken in relation to 14
the administration or settlement of the deceased family member’s estate may 15
occur more than one year after the family member’s death. 16
(2) “Domestic partner” means an individual with whom the employee 17
has an enduring domestic relationship of a spousal nature, provided the 18
employee and the domestic partner: 19
(A) have shared a residence for at least six consecutive months; 20
(B) are at least 18 years of age; 21

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VT LEG #379426 v.1
(C) are not married to or considered a domestic partner of another 1
individual; 2
(D) are not related by blood closer than would bar marriage under 3
State law; and 4
(E) have agreed between themselves to be responsible for each 5
other’s welfare. 6
(3) “Domestic violence” has the same meaning as in 15 V.S.A. § 1151. 7
(4) “Employer” means an individual, organization, or governmental 8
body, partnership, association, corporation, legal representative, trustee, 9
receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, 10
air, or express company doing business in or operating within this State that a 11
person who for the purposes of parental leave, bereavement leave, safe leave, 12
and leave for a qualifying exigency employs 10 or more individuals who are 13
employed for an average of at least 30 hours per week during a year and for the 14
purposes of family leave employs 15 or more individuals for an average of at 15
least 30 hours per week during a year. 16
(2)(5) “Employee” means a person who, in consideration of direct or 17
indirect gain or profit, has been continuously employed by the same employer 18
for a period of one year for an average of at least 30 hours per week. For 19
purposes of safe leave only, “employee” means a person who in consideration 20
of direct or indirect gain or profit has been continuously employed by the same 21

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VT LEG #379426 v.1
employer for a period of six months for an average of at least 20 hours per 1
week. 2
(3)(6) “Family leave” means a leave of absence from employment by an 3
employee who works for an employer that employs 15 or more individuals 4
who are employed for an average of at least 30 hours per week during the year 5
for one of the following reasons: 6
(A) the serious health condition of the employee; or 7
(B) the serious health condition of the employee’s child, stepchild or 8
ward who lives with the employee, foster child, parent, spouse, or parent of the 9
employee’s spouse family member. 10
(7) “Family member” means: 11
(A) regardless of age, an employee’s biological, adopted, or foster 12
child; an employee’s stepchild or legal ward; a child of the employee’s spouse 13
or civil union or domestic partner; a child to whom the employee stands in loco 14
parentis, regardless of legal documentation; an individual to whom the 15
employee stood in loco parentis when the individual was under 18 years of 16
age; or any individual for whom