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Legislative Floor Report: H.461 - An Act Relating to Expanding Employee Access to Unpaid Leave

The following is my floor report on H.461, which passed on it's second reading on Thursday, March 20th. The third reading and final passage will occur on Friday, March 21st.


Introduction

H.461 is a strike-all amendment aimed at aligning Vermont’s Parental and Family Leave Act (PFLA) with modern family structures, ensuring a more equitable and inclusive approach. This bill does not increase the amount of unpaid leave available but expands eligibility by including additional qualifying reasons for leave and broadening the definition of family members.


Current Law Overview

Under Vermont’s existing PFLA, eligible employees may take up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child or for a serious health condition affecting themselves or their immediate family members.


Key Provisions of H.461

I will now walk you through the provision of H.461 - for those of you following along you can find the bill on page 915 of today’s calendar. 


Sec. 1 – Intent

The bill aims to ensure that Vermont’s family leave policies are inclusive and equitable, particularly benefiting LGBTQ families, low-income workers, and individuals in nontraditional family structures.


Sec. 2 – Definitions

H.461 updates several key definitions to expand coverage and clarify eligibility:


Bereavement Leave:

  • Permits employees to take leave within one year of a family member’s death, including time needed for estate settlement.

  • Recognizes that the grieving process and administrative responsibilities following a loved one’s passing may extend beyond immediate funeral services.


Domestic Partner:

  • Defined as an individual in a long-term domestic relationship of a spousal nature who meets specific residency, age, and legal requirements:

    • Must have shared a residence for at least six consecutive months.

    • Must be at least 18 years old.

    • Cannot be married to or a domestic partner of another person.

    • Cannot be closely related by blood under law.

    • Must agree to be responsible for each other’s welfare.


Expanded Definition of Family Member:

  • Now includes children, parents, civil union and domestic partners, grandparents, grandchildren, and siblings of both the employee and their spouse/partner.

  • Parental Leave Expansion:

    • Now includes leave for miscarriage recovery and caring for a foster child in addition to childbirth and adoption-related leave.


New Leave Categories:

  • Safe Leave:

    • Allows leave for employees or their family members who are victims of domestic violence, sexual assault, or stalking.

    • Covers time for seeking medical care, securing safe housing, participating in safety planning, and obtaining legal protection.

  • Military ‘Qualified Exigency’ Leave:

    • Covers leave for employees dealing with a family member’s active-duty military service.

    • Aligns with federal provisions ensuring job security for those affected by military deployments.


Sec. 3 – Leave Provisions

  • Eligible employees may take up to 12 weeks of unpaid leave per year for parental, family, safe, or military exigency leave.

  • Up to 2 weeks of the total 12 weeks may be used specifically for bereavement leave.

  • Employees may elect to use accrued paid leave, PTO, or short-term disability insurance to cover financial needs during their leave.


Employer Documentation Requirements:

  • Employers may require employees to provide documentation to support requests for leave. Accepted forms include:

    • For Safe Leave:

      • Law enforcement reports.

      • Documentation from domestic violence or sexual assault assistance programs.

      • Verification from medical, legal, or counseling professionals.

      • Employee self-attestation (no further corroboration required unless mandated by law).

    • For Bereavement Leave:

      • Death certificate, published obituary, or funeral/memorial service verification.

    • For Military Exigency Leave:

      • Documentation as specified under federal law (29 CFR sec825.309).


Confidentiality Protections:

  • Private medical information related to safe leave cannot be disclosed unless:

    • Permitted by law.

    • Consented to in writing by the employee.

    • Required by a court order or applicable state or federal law.


Sec. 4 – Short-Term Family Leave

  • Provides no substantive changes except to reflect the updated definition of family member.


Sec. 5 – Stalking and Sexual Assault Hearings

  • Removes specific provisions for stalking and sexual assault hearings since these are now encompassed under Safe Leave.


Sec. 6 – Effective Date

  • July 1, 2025


Legislative Process & Testimony


The committee received testimony from:

  • The sponsor of the bill

  • Vermont Businesses for Social Responsibility

  • Vermont Chamber of Commerce

  • Executive Director of Mosaic Vermont

  • Legislative Counsel


Conclusion

H.461 modernizes Vermont’s PFLA by expanding eligibility for unpaid leave, broadening family definitions, and ensuring that employees can take leave for bereavement, domestic violence, and military service-related issues. The bill strengthens protections for vulnerable populations while maintaining clear employer guidelines. This bill highlights the legislature’s commitment to equity and inclusivity by ensuring that all Vermonters can access necessary leave benefits without discrimination.


The House Committee on General and Housing passed H.461 on a 9-1-1 vote count and we respectfully request the body’s support. 


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