Frequently Asked Questions and Answers About Vermont'S "Earned Sick Time Law,"
Frequently Asked Questions and Answers About Vermont'S "Earned Sick Time Law,"
ABOUT VERMONT'S
“EARNED SICK TIME LAW,” 21 V.S.A. §§ 481 ET SEQ.
Vermont’s earned sick time law, 21 V.S.A. §§ 481 et seq., requires Vermont employers to provide many
of their employees with at least one hour of paid sick leave for every 52 hours worked. Employees
must be allowed to use this paid leave for five specific reasons. Some categories of employees are
excluded from coverage. Employers may choose to be more generous than the law’s provisions
require.
The law contains many details about the ways in which paid leave is awarded, the ways in which it may
be used, and how leave must carry over from one year to another. These FAQs have been drafted by
the VLCT Municipal Assistance Center to assist municipal employers with implementation of the sick
leave law. While every effort is made to provide members with the most accurate information
possible, this document does not constitute legal advice.
Contact the VLCT Municipal Assistance Center at [email protected] or 800-649-7915 for individual
assistance with the leave provisions of your town’s personnel policy.
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FREQUENTLY ASKED QUESTIONS ABOUT VERMONT’S PAID SICK LEAVE LAW
The law does not cover bona fide independent contractors. Nor does the law apply to employees and
municipal officials who meet at least one of the following criteria:
• are under age 18; or
• work an average of fewer than 18 hours per week; or
• are expected to work 20 weeks or fewer per year.
5. How much paid leave are employers required to provide? May an employer provide more leave
than the law requires?
The law requires that eligible employees receive at least 1 hour of paid leave for every 52 hours
actually worked, including overtime. Employees that are exempt from overtime requirements under
the federal Fair Labor Standards Act are assumed to work 40 hours in each work week unless the job
worked specifies a lower number of hours per week. The law only establishes the minimum amount of
leave that must be provided. As such, an employer is free to provide more generous leave than the law
requires.
6. Does the law allow an employer to limit the amount of leave that an employee accrues?
Yes. The law allows an employer to limit the amount of leave that accrues to an employee in an annual
period. In 2017 and 2018, an employer may limit the amount of leave that accrues to an employee in
an annual period to 24 hours per year. In 2019 and beyond, the limit that may be imposed is 40 hours.
Note however, that an employer is not allowed to limit the total number of hours that the employee
accrues over multiple years.
For instance, an employer's personnel policy may state that: (1) in 2017 and 2018, employees will earn
up to 24 hours of leave in an annual period, at a rate of 1 hour of sick leave for every 52 hours worked;
and (2) In 2019 and beyond employees will earn up to 40 hours of leave in an annual period, at a rate
of 1 hour of sick leave for every 52 hours worked.
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FREQUENTLY ASKED QUESTIONS ABOUT VERMONT’S PAID SICK LEAVE LAW
7. Does the law allow an employer to limit the amount of leave that an employee uses?
Yes. An employer may limit the number of hours of leave that may be used by an employee in an
annual period. However, an employee must be allowed to use at least 24 hours of his or her accrued
leave during the annual periods of 2017 and 2018 (assuming that he or she has earned that many
hours). Starting on January 1, 2019, an employee must be allowed to use 40 hours of his or her accrued
leave (assuming that he or she has earned that many hours).
10. What is the "annual period" for tracking accrual, use, and carryover of leave?
The "annual period" is any consecutive 12 month period of time, as determined by the employer, as
long as accrual begins upon hire.
11. What are the reasons employees are allowed to use paid leave?
Employees must be allowed to use paid leave for at least the following reasons:
1. The employee is ill or injured.
2. The employee obtains professional diagnostic, preventive, routine, or therapeutic health care.
3. The employee cares for a sick or injured parent, grandparent, spouse, child, brother, sister,
parent-in-law, grandchild, or foster child, including helping that individual obtain diagnostic,
preventive, routine, or therapeutic health treatment, or accompanying the employee’s parent,
grandparent, spouse, or parent-in-law to an appointment related to his or her long-term care.
4. The employee is arranging for social or legal services or obtaining medical care or counseling for
the employee or for the employee’s parent, grandparent, spouse, child, brother, sister, parent-
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FREQUENTLY ASKED QUESTIONS ABOUT VERMONT’S PAID SICK LEAVE LAW
in-law, grandchild, or foster child, who is a victim of domestic violence, sexual assault, or
stalking or who is relocating as the result of domestic violence, sexual assault, or stalking. As
used in this section, “domestic violence,” “sexual assault,” and “stalking” shall have the same
meanings as in 15 V.S.A. § 1151.
5. The employee cares for a parent, grandparent, spouse, child, brother, sister, parent-in-law,
grandchild, or foster child, because the school or business where that individual is normally
located during the employee’s workday is closed for public health or safety reasons.
Employers may allow the use of paid leave for additional reasons as well. In addition to the five reasons
listed above, VLCT recommends allowing employees to use paid leave for additional purposes to
provide them with the flexibility to meet outside obligations. Such flexibility can contribute to
employee engagement and retention. For example, employers may allow the use of paid leave for an
appointment or event authorized in advance by the employee's supervisor such a real estate closing or
a funeral.
12. Can we require that an employee provide proof they used paid leave for an allowable purpose?
According to the Vermont Department of Labor, an employer may require an employee to provide
"reasonable proof" that they used earned sick time for allowable purposes. However, an employer may
not require further information about the details of a medical condition or domestic violence. Nor may
an employer withhold payment for the use of sick leave until the employer receives documentation.
13. What happens when an employee does not use all of his or her accrued paid leave by the end of
the year? Can the unused time be carried over to the next year?
In some instances, the employer must allow unused leave to carry over into the next year. An
employer is not required to allow the carryover of accrued leave if (a) the employer awards paid leave
in a lump sum at the beginning of the year; or (b) the employer pays out for unused time. Otherwise,
the employer must allow the employee to carry forward all unused leave which the employee accrued
under this law. Keep in mind that if the employer provides additional paid leave (e.g. vacation leave, or
additional sick leave) above and beyond the minimum required under this law, the employer may limit
the amount of the additional leave time that carries over. Also keep in mind that an employer may still
limit the number of hours of accrued leave that may be used by an employee in an annual period,
regardless of how many hours of leave have actually accrued.
14. Our town has a personnel policy. Will we need to update it?
Yes. You need to ensure that, by the effective dates indicated above (in the answer to question #2),
your policy provides paid sick leave to all "eligible employees," and that it adheres to the other
requirements of the law.
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FREQUENTLY ASKED QUESTIONS ABOUT VERMONT’S PAID SICK LEAVE LAW
15. Can an employer meet the requirements of the law with a paid time off (PTO) or combined time
off (CTO) policy?
Yes. Although the Vermont Department of Labor (VDOL) refers to the law as “Vermont’s Earned Sick
Time Law,” the law merely requires “paid leave” for certain purposes. Therefore, an employer may
provide for this legally-required leave in any form such as paid vacation, personal days, combined time
off (CTO), paid time off (PTO), etc. However, the employer must still assure that leave is provided to all
individuals who meet the definition of "eligible employee" and that leave is allowed to carryover as
required by the law.
16. What if an employee uses all of their paid time off and then gets sick? Must the employer
provide additional paid leave?
No. As long as it has been made clear to employees that their paid time off may be used for the
reasons listed in the law, employees are not entitled to additional leave if they need it later in the year.
18. Can employees be required to schedule medical appointments outside their regular work shift?
Employers may require employees to make reasonable efforts to avoid scheduling routine or
preventive health care during regular work hours. They may also require employees to notify the
employer as soon as practicable of their intent to take their earned sick time. These requirements
should be articulated in the employer's personnel policy.
19. What if a union contract does not mention the reasons for leave that are specified in this law? Do
the requirements of the law still apply?
A union contract does not alleviate an employer’s responsibilities to follow the paid sick leave law.
Some union contracts defer to an employer’s personnel policy regarding areas not covered by the
collective bargaining agreement (CBA) and most outline a process for making any changes to the
contract. The employer should work with the union(s) to insert appropriate language into the CBA.
20. Does an employer have to keep track of the accrual and use of paid leave?
Yes. Employers must keep track of sick time accrued and sick time used and provide this information to
employees upon request. However, the law does not require that an employer provide sick leave
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FREQUENTLY ASKED QUESTIONS ABOUT VERMONT’S PAID SICK LEAVE LAW
information on wage statements. An employer may track accrued leave on a quarterly basis, but an
employee must still be allowed to use that leave as it accrues unless you have imposed a waiting
period for usage.
21. What if an employee separates from employment and is later re-hired. How should his or her
accruals be handled?
It depends on: (a) whether the separation is voluntary or not; (b) whether the employer has imposed a
waiting period before accrued leave may be used; and (c) the timing between the last date employed
and the date re-hired. Below is the chart provided by the Vermont Department of Labor:
Time Between Last Day and Voluntary Separation (Quit) Discharge (Fired)
Rehire
Less Than a Year Employee is not entitled to Employee is entitled to resume
resume where they left off with where they left off with their
their waiting period or banked waiting period but not their
time banked time
More than a Year Employee is not entitled to Employee is not entitled to
resume where they left off with resume where they left off with
their waiting period or banked their waiting period but not
time their banked time
22. Does an employee have to be compensated for accrued sick leave upon separation from
employment?
No. There is no requirement to compensate employees for their accrued leave upon separation. Your
personnel policy should state whether compensation will be provided.