Vermont Employee Rights Under the Family and Medical Leave Act

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This form is used to provide information to an employee about his or her rights under the FMLA.

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FAQ

Vermont employees have leave rights under both state and federal law. By Lisa Guerin, J.D. Like employers in every state, Vermont employers must follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for certain reasons.

The Vermont law requires employers to provide unpaid leave. However, if the employer provides paid leave benefits such as paid vacation, personal, or sick time, the employee can use up to six weeks of earned paid leave as part of his or her parental, family, or short-term family leave.

Vermont's Family Leave Law, which includes Short-Term Family Leave, covers employers with 15 or more workers who work an average of 30 hours per week over the course of a year. A worker who has worked for a covered employer for an average of 30 hours a week for a year is entitled to leave under these laws.

Vermont's Family Leave Law, which includes Short-Term Family Leave, covers employers with 15 or more workers who work an average of 30 hours per week over the course of a year. A worker who has worked for a covered employer for an average of 30 hours a week for a year is entitled to leave under these laws.

FMLA leave is unpaid leave. However, workers may choose to, or employers may require them to, substitute accrued paid sick, vacation, or personal time for FMLA leave. Substitute means that the paid leave provided by the employer will run concurrently with the unpaid FMLA leave.

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12

The Family and Medical Leave Act (FMLA) authorizes eligible employees of covered employers to take unpaid, job- protected leave for specified family and medical reasons (H.R. 1, 1993). This policy allows for a total of 12-weeks of leave within a 12-month period.

The Vermont law requires employers to provide unpaid leave. However, if the employer provides paid leave benefits such as paid vacation, personal, or sick time, the employee can use up to six weeks of earned paid leave as part of his or her parental, family, or short-term family leave.

The amount of FMLA leave taken is divided by the number of hours the employee would have worked if the employee had not taken leave of any kind (including FMLA leave) to determine the proportion of the FMLA workweek used.

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Vermont Employee Rights Under the Family and Medical Leave Act