H 461 — An act relating to expanding employee access to unpaid leave

BILL AS PASSED BY THE HOUSE H.461 Page 1 of 1415 H.461 AnSHORT actFORM relatingIntroduced toby expandingRepresentative employeeKrasnow accessof toSouth unpaidBurlington leaveReferred Itto isCommittee herebyon enactedDate: by the General Assembly of the State of Vermont:

Sec.Subject:

Labor;

employment practices;

Parental and Family Leave Act Statement of purpose of bill as introduced:

This bill proposes to expand access to unpaid family and medical leave and provide job-protected leave for reasons related to domestic violence, sexual assault, stalking, bereavement, and a qualifying exigency.

An act relating to expanding employee access to unpaid leave It is hereby enacted by the General Assembly of the State of Vermont:

(TEXT OMITTED IN SHORT-FORM BILLS) Sec.

BILL AS PASSED BY THE HOUSE H.461 Page 2 of 15 Sec.

VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 2 of 14 (A) have shared a residence for at least six consecutive months;

BILL AS PASSED BY THE HOUSE H.461 Page 3 of 15 (3) “Domestic violence” has the same meaning as in 15 V.S.A.

VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 3 of 14 (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:

BILL AS PASSED BY THE HOUSE H.461 Page 4 of 15 (7) “Family member” means:

VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 4 of 14 (ii) a legal guardian of an employee or employee’s spouse or civil union or domestic partner;

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 BILL AS PASSED BY THE HOUSE H.461 Page 5 of 15 relationship to the employee or the employee’s spouse or civil union or domestic partner is a biological, foster, adoptive, or step relationship.

(5)(10) “Parental leave” means a leave of absence from employment by an employee who works for an employer that employs 10 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:reasons:  (A) the birth of the employee’s child pregnancy;

VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 5 of 14 (A) the birth of the employee’s child pregnancy;

BILL AS PASSED BY THE HOUSE H.461 Page 6 of 15 (11) “Qualifying exigency” means a qualifying exigency identified pursuant to 29 C.F.R.

VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 6 of 14 (iii) to participate in safety planning, either for themselves or for a family member;

and BILL AS PASSED BY THE HOUSE H.461 Page 7 of 15 (C) the employee is not the perpetrator or alleged perpetrator of the domestic violence, sexual assault, or stalking.

VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 7 of 14 (15) “Stalking” has the same meaning as in 15 V.S.A.

BILL AS PASSED BY THE HOUSE H.461 Page 8 of 15 § 472.

VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 8 of 14 (2) During any 12-month period, an employee may use up to two out of the 12 weeks of leave available pursuant to subdivision (1) of this subsection for bereavement leave.

* * * BILL AS PASSED BY THE HOUSE H.461 Page 9 of 15 (e)(1) An employee shall give the employer reasonable written notice of intent to take leave under this subchapter section.

VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 9 of 14 (4)(A) In the case of a serious health condition of the employee or a member of the employee’s family, an employer may require certification from a health care provider to verify the condition and the amount and necessity for the leave requested.

BILL AS PASSED BY THE HOUSE H.461 Page 10 of 15 (ii) a domestic violence, sexual assault, or stalking assistance program;

or VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 10 of 14 (iii) a written notice or verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious organization, or governmental agency.

§§ 825.309. 825.309.

BILL AS PASSED BY THE HOUSE H.461 Page 11 of 15 (E) An employer shall not disclose any private medical information or information relating to a safe leave that the employer receives pursuant to this subdivision (4) except to the extent the disclosure is permitted by law and:

This subchapter subsection shall not apply if, prior to requesting leave, the employee had been given notice or VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 11 of 14 had given notice that the employment would terminate.

or BILL AS PASSED BY THE HOUSE H.461 Page 12 of 15 (2) the employee performed unique services and hiring a permanent replacement during the leave, after giving reasonable notice to the employee of intent to do so, was the only alternative available to the employer to prevent substantial and grievous economic injury to the employer’s operation.

(3) Notwithstanding the provisions of this subchapter, an employee may, at the time a need for parental or family leave arises, waive some or all the rights under this subchapter provided the waiver is informed and voluntary and VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 12 of 14 any changes in conditions of employment related to any waiver shall be mutually agreed upon between employer and employee.

(h) Except for the serious health condition of the employee or safe leave when the employee is the victim or alleged victim, an employee who does not return to employment with the employer who provided the leave shall return to the employer the value of any compensation that the employer paid to or on BILL AS PASSED BY THE HOUSE H.461 Page 13 of 15 behalf of the employee during the leave, except payments for accrued sick leave or vacation leave.

VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 13 of 14 (2) To attend or to accompany the employee’s child, stepchild, foster child, or ward who lives with the employee or the employee’s parent, spouse, or parent-in-law family member to routine medical or dental appointments.

BILL AS PASSED BY THE HOUSE H.461 Page 14 of 15 (4) To respond to a medical emergency involving the employee’s child, stepchild, foster child, or ward who lives with the employee or the employee’s parent, spouse, or parent-in-law family member.

or VT LEG #382000 v.1 AS PASSED BY HOUSE H.461 Page 14 of 14 (3) a hearing concerning an order against stalking or sexual assault pursuant to 12 V.S.A.

or (4) a relief from abuse, neglect, or exploitation hearing pursuant to 3333 V.S.A. V.S.A.

* * * BILL AS PASSED BY THE HOUSE H.461 Page 15 of 15 Sec.

VT LEG #382000 v.1