State FMLA - Vt. Stat. Ann. tit. 21, §§ 471, 472

Covered Employers: For the purposes of parental leave, employs 10 or more individuals who are employed for an average of at least 30 hours per week during a year

Employee Eligibility: Employed for one year for an average of at least 30 hours per week.

Entitlement: 12 weeks for parental and family leave combined in any 12-month period. Leave can be taken intermittently.
Parental Leave Only

• The birth of the employee's child.

• The initial placement of a child 16 years of age or younger with the employee for the purpose of adoption.

Employer Notice: The employer must post and maintain notices regarding VT PFLA in a conspicuous place in each of the employer’s places of business. State provides a poster for this purpose.

Employee Notice: An employee must give reasonable written notice of intent to take leave. Notice should include the date the leave is expected to commence and the estimated duration of the leave. If the employee is taking VT PFLA leave because of the adoption or birth of a child, the employer cannot require that notice be given more than 6 weeks prior to the anticipated commencement of the leave. An employee must also provide reasonable notice of the need to extend a leave.

Obligation to Provide Certifications or Documents Supporting Need for Leave: For a serious illness of the employee or a member of the employee's family, an employer may require certification from a physician to verify the condition and the amount and necessity for the leave requested.

Paid?: Unpaid. At the employee's option, the employee may use up to 6 weeks of accrued sick leave or vacation leave or any other accrued paid leave.

Benefits: The employer must continue employment benefits during the leave under the same terms and conditions as if the employee were continuously employed.

Reinstatement: Yes, offer the same or comparable job at the same level of compensation, employment benefits, seniority or any other term or condition of the employment existing on the day leave began. However, an employee is not entitled to reinstatement if the employer can demonstrate that: 1) during the leave, the employee's job would have been terminated or the employee laid off for reasons unrelated to the leave or the condition that gave rise to the leave, or 2) the employee performed unique services and hiring a permanent replacement after giving the employee notice of the intent to do so, was the only way to prevent substantial and grievous economic injury to the employer's operations.

Other Important Definitions/Requirements:

Absence Specifications