Vermont paid sick leave is governed through the Earned Sick Time Act, which requires employers to provide up to 40 hours of paid sick leave per year under 21 V.S.A. § 481. This comprehensive law ensures eligible workers have access to protected time off for health and safety needs.
The law establishes clear guidelines for both employers and employees while providing flexibility in how leave can be administered. These requirements create a framework that supports both workplace operations and employee well-being.
Common Questions About Vermont Paid Sick Leave
Understanding Vermont paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines for leave accrual and usage while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in Vermont?
Employees can take this leave if they:
- Are permanent employees (meaning their job is scheduled to last more than 20 weeks)
- Mainly work in Vermont
- Work at least 18 hours per week during a year
- Work for more than 20 weeks in a 12-month period
The law excludes independent contractors, seasonal/temporary employees, federal government employees, some permanent state employees, per diem workers, employees under 18, certain school district employees, certain sole proprietors, and certain executive officers with approved exclusions.
Which employers have to provide this leave?
All employers must provide this leave to Vermont employees, though new employers are exempt for the first year after hiring their first employee.
How much leave do employers need to provide?
Employees earn one hour of paid sick leave for every 52 hours worked, up to 40 hours per year. Accrual begins on the first day of work. For exempt employees, employers can limit accrual calculations to 40 hours per week.
What can Vermont paid sick leave be used for?
Employees can use leave to care for their own or a family member’s mental or physical illness or injury, including diagnostic, preventative, routine, or therapeutic healthcare. The leave also covers accompanying certain family members to long-term care appointments, addressing needs related to domestic violence, sexual assault, or stalking, and caring for family members during public health or safety-related facility closures.
How does this relate to other types of leave?
This sick leave is separate from leave available under the Vermont Parental and Family Act and Short Term Family Leave. Employers can use a paid time off policy that provides at least as much leave and allows for the same reasons as the sick leave law requires.
Can employers limit how many hours of sick leave employees use in a year?
Employers can limit employees to using 40 hours of sick leave per year. While the law doesn’t specify a total accrual cap, employees remain subject to this annual usage limit.
Can employers provide all the leave at once instead of letting it accrue?
Employers can frontload the full 40 hours at the beginning of the year. Those who frontload don’t have to allow carryover.
Do employers have to carry over unused leave?
Employees can carry over unused leave unless the employer either pays out unused leave at year-end or frontloads leave at the start of each year.
What is the smallest amount of leave an employee can use?
Employees can take leave in the smallest time increment that the employer’s payroll system uses, though employers can require minimum one-hour increments.
What notice do employers and employees need to provide?
Employers must post a notice about sick leave rights and provide it to employees at hire. Employees must provide reasonable notice for leave use, following normal leave request procedures. For unforeseeable needs, notice must be reasonable under the circumstances. Employers can require employees to make reasonable efforts to schedule routine care outside work hours.
What verification can employers ask for?
Employers can require reasonable documentation showing the leave is being used for an allowable reason.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employers must maintain group insurance benefits during leave, though employees may be required to continue their normal benefit contributions. While unused leave isn’t paid out at separation, employees involuntarily terminated and rehired within 12 months can resume their previous waiting period progress.
Simplify Vermont Paid Sick Leave with SixFifty
Navigating Vermont paid sick leave requirements can be complex. SixFifty’s solutions streamline the process, ensuring your policies align with state requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws evolve.
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