Vermont Leave Laws
In Vermont, employers are not required to provide employees with vacation benefits, either paid or unpaid. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. VT Dept. of Labor FAQs.
An employer must pay an employee for accrued vacation upon separation from employment if its policy or contract provides for such payment. VT Dept. of Labor FAQs.
Neither Vermont’s Legislature nor its courts have given any significant guidance regarding other potential vacation policy issues. They are silent regarding whether an employer may:
- establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment,
- deny payment for accrued vacation to an employee upon separation from employment if its policy or contract is silent on the matter,
- require an employee to comply with specific requirements to qualify for payment of vacation leave upon separation from employment, such as giving two weeks notice or being employed as of a specific date of the year,
- cap the vacation leave an employee may accrue over time,
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it.
Although Vermont’s authorities are silent regarding many vacation policy issues, based on the contractual emphasis Vermont has placed on vacation policies, an employer is likely free to implement the vacation policy of its choosing. VT Dept. of Labor FAQs. An employer is required to comply with the terms of the policy it chooses to implement. VT Dept. of Labor FAQs.
Vermont law requires employers to provide employees with sick leave benefits. VT Dept. of Labor: Earned Sick Time Law. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.
An employer in Vermont may also be required to provide an employee unpaid sick leave in accordance with Vermont’s Parental and Family Leave Law and the federal Family and Medical Leave Act or other federal laws.
Vermont law does not require private employers to provide employees with either paid or unpaid holiday leave. VT Dept. of Labor FAQs In Vermont, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.
Visit our Vermont State Holidays page for a list of holidays recognized and observed by the state of Vermont as well as information regarding state laws governing holiday leave for public employers and employees.
Jury Duty Leave
An employer is not required to pay an employee for time spent responding to a jury summons or serving on a jury.
An employer may not discharge an employee by reason of his service as a juror, or penalize such employee or deprive him of any right, privilege, or benefit on a basis which discriminates between such employee and other employees not serving as jurors. All employees shall be considered in the service of their employer during all times while serving as jurors in accordance with this section for purposes of determining seniority, fringe benefits, credit toward vacations and other rights, privileges, and benefits of employment.
Vermont does not have a law that requires an employer to grant its employee leave, paid or unpaid, to vote.
Vermont law does not require employers to provide employee bereavement leave. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employers may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice it maintains.