Vermont Leave Laws Mandates
Vermont’s leave laws provide a safety net for employees by combining the Family and Medical Leave Act (FMLA) with Vermont’s requirements
The Vermont Parental and Family Leave Act (VPFLA), the Earned Sick Time Act, and the Vermont Family and Medical Leave Insurance (VT-FMLI) program.
Therefore, employers must ensure they comply with both federal and state leave laws. They also need to keep their policies up to date to remain compliant with HR and business regulations.
Vermont Sick Leave Law
Vermont’s Earned Sick Time Act mandates almost all employers provide paid sick leave. Employees accrue one hour of paid sick leave for every 52 hours worked, up to a maximum annual limit of 40 hours. Accrual begins on the employee’s first day of work, but the employer can hold the employee to a maximum of one year after hiring before the employee can use sick time.
Vermont PTO and Vacation Leave Law
Vermont does not require employers to provide paid or unpaid vacation or general paid time off (PTO). If an employer offers PTO, accrual, usage, and payout are determined by company policy or contract. Use-it-or-lose-it and accrual caps are permitted.
Vermont FMLA Law
FMLA applies in Vermont. It allows employees to take up to 12 weeks of unpaid, job-protected leave per year for personal medical needs, family care, or parental bonding. Employees must have worked for at least 12 months and 1,250 hours in the previous year, and the employer must have 50+ employees within 75 miles.
Vermont Parental and Family Leave Law (VPFLA)
Effective from July 1, 2025, the expanded VPFLA covers more workers and qualifying reasons. Employers must provide up to 12 weeks of unpaid, job-protected leave for birth/adoption, serious health conditions, bereavement, safe leave, or military exigency. Employees can use accrued paid leave during VPFLA leave. The law also expands the definition of “family member” and reduces the minimum hours worked required for eligibility.
Vermont Leave Types, Eligibility & Duration
| Leave Type | Eligibility (Employer/Employee) | Duration & Description |
|---|---|---|
| Sick Leave | Most employees (some exclusions) | Up to 40 hours/year, paid; 1 hour/52 hours worked. For illness, family care, or safety. |
| Parental/Family Leave (VPFLA) | 10+ (parental, bereavement, safe, exigency); 15+ (family) employees | Up to 12 weeks unpaid, job-protected leave for birth/adoption, health, bereavement, safe, or military exigency. |
| FMLA | 50+ employees, 12 months & 1,250 hours | Up to 12 weeks unpaid, job-protected leave for health/family needs (federal law). |
| Military Leave | All employees | Unpaid, job-protected leave for service; public employees may receive pay. |
| PTO/Vacation | Per employer policy | Not required by law; terms set by employer. |
| Short-Term Family Leave | Eligible employees | Up to 4 hours unpaid in 30 days for school/medical/family emergencies. |
| Safe Leave | Most employees | For issues related to domestic violence, sexual assault, or stalking. |
| Bereavement Leave | Covered by VPFLA | Up to 2 weeks (within 12-week VPFLA entitlement). |
| Jury Duty Leave | All employees | Unpaid; job-protected; no retaliation for serving. |
| Town Meeting Leave | All employees | Unpaid; must notify employer at least 7 days in advance. |
| Pregnancy Disability Leave | 10+ employees, 30 hrs/week, 1 year | Up to 12 weeks unpaid leave for pregnancy, childbirth, or related conditions (under VPFLA). |
| VT-FMLI Paid Leave | State employees (mandatory); others (voluntary) | Up to 6 weeks paid leave; private sector participation voluntary in 2025; plan details may vary. |
Vermont State Specific Leaves
Vermont has several state-specific leaves, effective July 1, 2025.
- Bereavement Leave: Employees can take up to 2 weeks of unpaid, job-protected bereavement leave within the 12-weeks. Up to 5 days may be used consecutively.
- Safe Leave: Employees may take leave for reasons related to domestic violence, sexual assault, or stalking. This leave is available under both the Earned Sick Time Act and VPFLA.
- Pregnancy Disability Leave: Eligible employees, covered under VPFLA; can take up to 12 weeks of unpaid leave for pregnancy, childbirth, or related conditions.
Vermont Family and Medical Leave Insurance (VT-FMLI)
- State Employees: Required; up to 6 weeks of leave paid over a 12-month period.
- Private/Non-State Public Employers: Voluntary participation in 2025, individual opt-in for employees and self-employed. Duration and benefit amounts may vary by plan.
- Eligibility: Generally, employees must work approximately 30 hours per week for a year to be eligible for VT-FMLI.
- Qualified Exigency Leave: QEL is available for urgent needs arising from a family member’s military deployment, such as arranging childcare or attending military events. This is now a qualifying reason under the expanded VPFLA.
- Short-Term Family Leave: Eligible employees can take up to 4 hours of unpaid leave in any 30-day period (up to 24 hours in 12 months) for school activities, medical appointments, or family emergencies. This leave is in addition to other leave entitlements.
- Town Meeting Leave: Employees have the right to take unpaid time off to attend annual town meetings. Employees must notify their employer at least seven days in advance.
- Jury Duty Leave: Employees are protected from retaliation for serving on a jury. Employers are not required to pay jury duty leave, but employees’ jobs are protected.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: States if unused leave can be transferred to the next year or if it expires after a specific period.
- Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
HR Compliance: Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| FMLA | 30 days (if foreseeable) | Medical certification or supporting documents |
| VPFLA | Reasonable advance (per policy) | Medical/legal documentation if requested |
| Sick Leave | As soon as practicable | None required under law, but may be requested for 3+ days |
| PTO/Vacation | Per employer policy | Per employer policy |
| Bereavement | None mandated, but proof may be allowed | May require obituary or death certificate (optional) |
| Military Leave | As soon as possible after notice | Military orders or deployment papers |
| Jury Duty | As soon as possible after notice | Jury summons or court documentation |
| Town Meeting | 7 days advance notice | None required |
