Overview
The rights of State of Vermont employees to have time off for certain medical or family reasons come from three different sources: the federal Family and Medical Leave Act (FMLA), 29 U.S.C. §2601 et.seq.; the Vermont Parental and Family Leave Act, 21 V.S.A. §470 et.seq,; and the collective bargaining agreements between the State of Vermont and the Vermont State Employees' Association, Inc. Although they are similar in many ways, the federal and state statutes are different in other significant ways. The collective bargaining agreements for state employees include articles that were intended to combine the requirements of both laws by setting standards that would meet the employer's obligations under each, but the agreements also add some bargained features that go beyond the statutory guarantees.
Family Leave
Family leave covers the serious illness of an eligible employee or the serious illness of someone in the employee’s immediate family. For Family Leave, an employee may first use up to six weeks of any accrued paid leave, including: sick, annual, compensatory, and personal leave, or take unpaid leave. After the initial six weeks of leave, he or she may use only compensatory time, personal and annual leave in that order, or take unpaid leave. Family Leave cannot be extended beyond the twelve weeks either by itself or in combination with Parental Leave.
Parental Leave
Parental leave covers absence from employment for one of the following reasons: during the employee’s pregnancy; following the birth or delivery of the employee’s child; or within a year following the initial placement of a child sixteen years of age or younger for adoption. During the initial four months of leave, an employee may use up to six weeks of any accrued paid leave, including: sick, annual, compensatory and personal leave or take unpaid leave. After the initial six weeks of leave, the employee can use only compensatory time, personal, and annual leave in that order, or take unpaid leave. Sick leave for up to six weeks following childbirth/delivery will also be granted and can be extended by the appointing authority. Parental Leave shall not extend beyond six months. In addition to the above, an employee may use accrued sick leave for the period of disability resulting from pregnancy, miscarriage, abortion, or illness.