reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 413. Notice and wage payment obligations

§ 413. Notice and wage payment obligations
(a) An employer who will engage in a closing or mass layoff shall provide notice to the Secretary of Commerce and Community Development and the Commissioner in accordance with this section to enable the State to present information on potential support for the employer and separated employees.
(b) Notwithstanding subsection (a) of this section, an employer who will engage in a closing or mass layoff shall provide notice to the Secretary of Commerce and Community Development and the Commissioner 45 days prior to the effective date of the closing or layoffs that reach the thresholds defined in section 411 of this subchapter, and shall provide 30 days’ notice to the local chief elected official or administrative officer of the municipality, affected employees, and bargaining agent, if any.
(c) The employer shall send to the Commissioner and the Secretary the approximate number and job titles of affected employees, the anticipated date of the employment loss, and the affected worksites within the time allotted for notice to the Commissioner and Secretary under subsection 413(b) or 414(b) of this subchapter. Concurrent with the notification to the affected employees, in accordance with subsection 413(b) of this subchapter, the employer shall send to the Commissioner in writing the actual number of layoffs, job titles, date of layoff, and other information as the Commissioner deems necessary for the purposes of unemployment insurance benefit processing and for accessing federal and State resources to mitigate adverse employment impacts affecting employers, employees, and communities.
(d) In the case of a sale of part or all of an employer’s business where mass layoffs will occur, the seller and the purchaser are still required to comply with the notice requirements under subsection (b) of this section.
(e) Nothing in this subchapter shall abridge, abrogate, or restrict the right of the State to require an employer that is receiving State economic development funds or incentives from being required to provide additional or earlier notice as a condition for the receipt of such funds or incentives.
(f) An employer is required to pay all unpaid wage and compensation owed to any laid-off worker, as required under this title.
(g) This section shall not apply to a nursing home in situations where Rules 2.8 and 3.14 of the Vermont Licensing and Operating Rules for Nursing Homes apply or where the CMS Requirements for Long-Term Care Facilities apply, pursuant to 42 C.F.R. §§ 483.12 and 483.75. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 414. Exceptions

§ 414. Exceptions
(a) In the case of a business closing or mass layoff, an employer is not required to comply with the notice requirement in subsection 413 of this subchapter and may delay notification to the Department if:
(1) the business closing or mass layoff results from a strike or a lockout;
(2) the employer is actively attempting to secure capital or investments in order to avoid closing or mass layoffs; and the capital or investments sought, if obtained, would have enabled the employer to avoid or postpone the business closing or mass layoff, and the employer reasonably and in good faith believed that giving the notice would have precluded the employer from securing the needed capital or investment;
(3) the business closing or mass layoff is caused by business circumstances that were not reasonably foreseeable at the time the 45-day notice would have been required;
(4) the business closing or mass layoff is due to a disaster beyond the control of the employer; or
(5)(A) the business closing or the mass layoff is the result of the conclusion of seasonal employment or the completion of a particular project or undertaking; or
(B) the affected employees were hired with the understanding that their employment was limited to the duration of the season, facility, project, or undertaking.
(b) An employer that is unable to provide the notice otherwise required by this subchapter as a result of circumstances described in subsection (a) of this section shall provide as much notice as is practicable and at that time shall provide a brief statement to the Commissioner regarding the basis for failure to meet the notification period. In such situations, the mailing of the notice by certified mail or any other method approved by the Commissioner shall be considered acceptable in the fulfillment of the employer’s obligation to give notice to each affected employee under this subchapter. At the time of notice to the Commissioner, the employer shall provide the required information under subdivisions 413(c) of this subchapter. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 415. Violations

§ 415. Violations
(a) An employer who violates subsection 413(b) or 414(b) of this subchapter is liable to each employee who lost his or her employment for:
(1) one day of severance pay for each day after the first day in the 45-day notice period required in subsection 413(b) of this subchapter, up to a maximum of ten days’ severance pay; and
(2) the continuation, not to exceed one month after an employment loss, of existing medical or dental coverage under an employment benefit plan, if any, necessary to cover any delay in an employee’s eligibility for obtaining alternative coverage resulting directly from the employer’s violation of notice requirements.
(b) The amount of an employer’s liability under subsection (a) of this section shall be reduced by the following:
(1) any voluntary and unconditional payments made by the employer to the employee that were not required to satisfy any legal obligation;
(2) any payments by the employer to a third party or trustee, such as premiums for health benefits or payments to a defined contribution pension plan, on behalf of and attributable to the employee for the period of the violation; and
(3) any liability paid by the employer under any applicable federal law governing notification of mass layoffs, business closings, or relocations.
(c) If an employer proves to the satisfaction of the Commissioner that the act or omission that violated this subchapter was in good faith, the Commissioner may reduce the amount of liability provided for in this section. In determining the amount of such a reduction, the Commissioner shall consider any efforts by the employer to mitigate the violation.
(d) If, after an administrative hearing, the Commissioner determines that an employer has violated any of the requirements of this subchapter, the Commissioner shall issue an order including any penalties assessed by the Commissioner under this section and section 417 of this subchapter. The employer may appeal a decision of the Commissioner to the Superior Court within 30 days of the date of the Commissioner’s order. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 416. Powers of the Commissioner

§ 416. Powers of the Commissioner
(a) The Commissioner may adopt rules as necessary, pursuant to 3 V.S.A. chapter 25, to carry out this subchapter. The rules shall include provisions that allow the parties access to administrative hearings for any actions of the Department under this subchapter.
(b) In any investigation or proceeding under this subchapter, the Commissioner has, in addition to all other powers granted by law, the authority to subpoena and examine information of an employer necessary to determine whether a violation of this subchapter has occurred, including to determine the validity of any defense.
(c) Information obtained through administration of this subchapter by the Commissioner and the Secretary of Commerce and Community Development shall be confidential, except that the number of layoffs, the types of jobs affected, and work locations affected shall cease to be confidential after local government and the affected employees have been notified. The Department may provide the information collected pursuant to subsection 413(c) of this subchapter to the U.S. Department of Labor and any other governmental entities for the purposes of securing benefits for the affected employees.
(d) Neither the Commissioner nor any court shall have the authority to enjoin a business closing, relocation, or mass layoff under this subchapter. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 417. Administrative penalty

§ 417. Administrative penalty
An employer who fails to give notice as required by subsection 413(b) or 414(b) of this subchapter shall be subject to an administrative penalty of $500.00 for each day that the employer was deficient in the notice to the Department. The Commissioner may waive the administrative penalty if the employer:
(1) demonstrates good cause under subsection 414(b) of this subchapter;
(2) pays to all affected employees the amounts for which the employer is liable under section 415 of this title within 30 days from the date the employer enacts the business closing or mass layoff; and
(3) pays to all affected employees any unpaid wage and compensation owed to any laid-off worker, as required under this title. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 418. Other rights

§ 418. Other rights
The rights and remedies provided to employees by this subchapter do not infringe upon or alter any other contractual or statutory rights and remedies of the employees. Nothing in this subchapter is intended to alter or diminish or replace any federal or State regulatory mandates for a shutdown or closure of a regulated business or entity. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015; amended 2017, No. 74, § 34.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 430. Policy; definitions; rules

§ 430. Policy; definitions; rules
(a) It is the policy of Vermont that children shall be protected from employment in harmful and dangerous occupations. Toward this end, Vermont law should reflect federal protections regarding the employment of children, but should continue to provide additional protection for children in Vermont where particular circumstances warrant greater protection for children.
(b) For the purposes of this subchapter:
(1) “Child” or “children” means an individual under the age of 18 years.
(2) “Commissioner” means the Commissioner of Labor or designee.
(3) “Employee” means any individual suffered or permitted to work by an employer.
(4) “Illegal child employment” means the employment of any child under the age of 18 in any work or occupation specifically prohibited by State or federal law. “Illegal child employment” does not include work performed by students as part of an educational program, provided this subchapter or federal law specifically permits this work.
(c) The Commissioner shall adopt rules to carry out the purpose and intent of this subchapter, provided the rules are consistent with federal child labor laws and rules. However, the Commissioner shall not be required to adopt or modify rules in order to conform with a change in federal child labor laws or regulations which weakens or eliminates an existing child labor protection policy. (Added 2001, No. 68, § 1; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 431. Age limit; certificate as to eligibility of child under 16

§ 431. Age limit; certificate as to eligibility of child under 16
Except as provided in this subchapter, a child under 16 years of age shall not be employed in any gainful occupation unless the child deposits with the employer a certificate from the Commissioner that states that the child is eligible for employment in accordance with the provisions of this subchapter. However, this requirement shall not apply to any child employed during vacations or before or after sessions of school when the employment is not otherwise prohibited by this subchapter. (Amended 1999, No. 69 (Adj. Sess.), § 1; 2001, No. 68, § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 432. Restrictions

§ 432. Restrictions
(a) The Commissioner shall not issue a certificate for a child under 16 pursuant to section 431 of this title until the Commissioner has received, examined, approved, and filed the following papers:
(1) The school record of the child properly filled out and signed by the person in charge of the school which the child last attended, giving the child’s age, address, standing in studies, rating in conduct, and attendance in days during the school year of the last full year of attendance.
(2) Evidence of the age of the child as follows:
(A) The birth certificate of the child, or a copy certified by the town clerk in a town where the certificate is a part of the public records.
(B) If the certificate or certified copy cannot be procured, a duly attested transcript of the certificate of birth or baptism or other religious record, shall be conclusive evidence of the age of the child.
(C) In case no documentary proof of age is available, the Commissioner may accept an affidavit from the parent, guardian, or custodian of the child to establish the age of the child.
(3) A certificate from a physician resident in and licensed to practice in this State showing that after a thorough examination the child is found to be physically fit to be employed in the proposed occupation. When a certificate is requested for the employment of a child under 16 as an actor or performer in motion pictures, theatrical productions, radio, or television, this provision may be waived at the discretion of the Commissioner.
(4) Before a certificate approving the employment of a child as an actor or performer in motion pictures, theatrical productions, radio, or television is issued by the Commissioner, the Secretary of Education must approve the substance and conditions of the educational program being provided to the child during this employment which in no case shall be more than 90 days during the school year.
(b) The Commissioner shall refuse a certificate to a child under 16 years of age unless the child has completed the elementary school course, or received an equivalent education, or has been excused from further school attendance under the provisions of 16 V.S.A. § 1123. (Amended 1987, No. 4, § 1, eff. March 10, 1987; 2001, No. 68, § 3; 2013, No. 92 (Adj. Sess.), § 262, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 434. Employment of children under 16

§ 434. Employment of children under 16
A child under 16 years of age shall not be employed more than eight hours in any day, or more than six days in any week, or earlier than seven o’clock in the morning, or after seven o’clock at night, except from June 1 through Labor Day when a child may be permitted to work until nine o’clock at night. A child under 16 years of age shall not be employed more than three hours on any day that school is in session, and not more than a total of 18 hours during any week that school is in session. However, in the case of a child employed as an actor or performer in motion pictures, theatrical productions, radio, or television, or employed as a baseball bat girl or bat boy, the child may be employed until midnight or after midnight if a parent or guardian and the Commissioner of Labor have consented in writing. The Department shall adopt rules regarding the permissible duties of a baseball bat girl or bat boy. The provisions of this section shall not apply to employment as a newspaper carrier or work connected with agriculture or domestic service. (Added 1987, No. 4, § 2, eff. March 10, 1987; amended 1987, No. 144 (Adj. Sess.), eff. April 13, 1988; 1999, No. 69 (Adj. Sess.), § 2; 2001, No. 68, § 4; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 435. Examination and report

§ 435. Examination and report
When so ordered by the Secretary of Education, the superintendent of schools for the school district where the child under 16 years of age resides shall examine the child for the purpose of determining the child’s eligibility for employment in accordance with the provisions of section 432 of this title and shall, upon the completion of the examination, make a written report to the Secretary of Education who shall transmit a copy of the report to the Commissioner. (Amended 2001, No. 68, § 5; 2013, No. 92 (Adj. Sess.), § 263, eff. Feb. 14, 2014; 2017, No. 74, § 35.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 436. Employment of children under 14 years

§ 436. Employment of children under 14 years
A child under 14 years of age shall not be employed or permitted to work in any gainful occupation unless the occupation has been approved by the Commissioner, by rule, to be appropriate for a child under the age of 14, and the employment occurs during vacation and before and after school. The provisions of this section shall not apply to:
(1) Employment by a parent or a person standing in place of a parent employing his or her own child or a child in his or her custody in an occupation other than manufacturing, mining, or an occupation found by the U.S. Secretary of Labor to be particularly hazardous or detrimental to their health or well-being.
(2) A newspaper carrier.
(3) An actor or performer in motion pictures, theatrical productions, radio, and television. (Amended 1987, No. 4, § 3, eff. March 10, 1987; 2001, No. 68, § 6; 2013, No. 96 (Adj. Sess.), § 127.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 437. Employment of children; special restrictions; hours for children under 16 years

§ 437. Employment of children; special restrictions; hours for children under 16 years
(a) Except as provided in section 438 of this title, a child shall not be employed or permitted to work at or on any occupations, employment, operations, or machines determined to be hazardous, by rule, by the U.S. Secretary of Labor or the Commissioner.
(b) A child under 16 years of age shall not be employed more than eight hours in any one day or more than 40 hours in any one week. (Amended 2001, No. 68, § 7; 2013, No. 96 (Adj. Sess.), § 128.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 438. Exceptions

§ 438. Exceptions
A child over 14 years of age, who is enrolled in a career technical education program or course duly approved by the State Board of Education, may be legally employed in any of the occupations or operations named in section 437 of this title or other occupations or operations that may be in the estimation of the State Board of Education a necessary or essential part of the student’s career technical education, provided that the plant, work places, machinery, and other appliances and equipment used for instruction have been inspected for safe conditions and approved by the Commissioner. (Amended 1991, No. 204 (Adj. Sess.), § 9; 2001, No. 68, § 8; 2013, No. 92 (Adj. Sess.), § 302, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 442. Posting notices of hours of labor

§ 442. Posting notices of hours of labor
An employer shall post in a conspicuous place in the place in which a child is employed a printed notice describing permitted and prohibited operations, occupations, and machines at which a child may be employed, stating the number of hours’ work permitted on each day of the week, the hours of commencing and stopping work, and the hours when the time allowed for meals begins and ends. The printed forms of this notice shall be provided by the Commissioner. (Amended 2001, No. 68, § 10.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 444a. Employment of aliens

§ 444a. Employment of aliens
(a) For the purposes of this section:
(1) “Alien” means any person not a citizen of the United States.
(2) “Employer” means any person, including any partnership, firm, corporation, or association, or any agent thereof, who engages or utilizes the personal services of one or more individuals for a salary or wage.
(3) “Illegal alien” means any person not a citizen of the United States who has entered the United States in violation of the Federal Immigration and Naturalization Act or regulations issued thereunder, who has legally entered but without the right to be employed in the country, or who has legally entered subject to a time limit but has remained illegally after expiration of such time limit.
(b) No employer or agent for an employer shall knowingly recruit, solicit, or refer for employment, or employ, an illegal alien.
(c) No employer shall knowingly employ any alien unless the employer determines that the alien possesses the required certificate under the Federal Immigration and Naturalization Act or regulations issued thereunder, or has authorization from the immigration services.
(d) A person convicted of violating this section shall be fined not less than $100.00 or more than $300.00 for conviction of a first offense. For any subsequent offense, a person convicted of violating this section shall be fined not less than $300.00, nor more than $750.00. (Added 1977, No. 99.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 446. Duties of Commissioner as to employment of children

§ 446. Duties of Commissioner as to employment of children
The Commissioner may inquire of the owner or superintendent of any place or establishment as to the employment of children, may request to see the certificate filed with the owner or superintendent, and shall ensure that the provisions of this subchapter have been complied with. (Amended 2001, No. 68, § 11.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 449. General penalty

§ 449. General penalty
A person who violates a provision of this subchapter for which another penalty is not provided shall be fined not more than $5,000.00 for each offense and, upon a subsequent conviction, may be fined or imprisoned for not more than six months, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2001, No. 68, § 13.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 451. Complaints

§ 451. Complaints
Truant officers and all informing officers are authorized to make complaints for violations or offenses arising under this subchapter. A complaint for a violation of section 448 of this title shall be sufficient if it states that the person having control of a child has allowed such child to be employed contrary to law.
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 452. Suspension of subchapter

§ 452. Suspension of subchapter
The Commissioner, with the approval of the Governor, may suspend part or all of the provisions of this subchapter for a period not to exceed two months in any one year in the case of a manufacturing establishment or business, the materials and products of which are perishable and require immediate labor to prevent decay or damage. (Amended 2001, No. 68, § 14.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 453. Sale of goods made in violation of subchapter

§ 453. Sale of goods made in violation of subchapter
No person, partnership, corporation, or association shall knowingly sell, offer, or expose for sale, take orders for the future delivery of, or possess with intent to sell any article, product, or compound in the production, manufacture, or distribution of which children have been employed in violation of the provisions of this subchapter, or in a manner or under conditions that would be in violation of these provisions if the employment had occurred in this State. Any complaint alleging a violation of this section shall be filed with the Commissioner, who shall investigate, and if the Commissioner determines there is sufficient evidence to substantiate the allegations, shall transmit the complaint to the Attorney General or to the State’s Attorney of the county in which the violation is alleged to have occurred. A person who violates a provision of this section shall be fined not more than $10,000.00. (Amended 2001, No. 68, § 15.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 470. Purpose

§ 470. Purpose
(a) Strong families are the foundation for a productive and competitive state. There are a growing number of single-parent families where the sole parent works and two-parent families where both parents work. Most people who work while raising families do so out of economic necessity.
(b) Leave from employment for the birth or adoption of a child or to care for a seriously ill family member addresses one of the important needs of changing family structures. The support of families is a principle recognized and valued by the State of Vermont. When employees have security about their employment and the well-being of their children, parents, and other family members, businesses benefit economically from increased worker productivity and stability.
(c) The provisions of this subchapter are enacted in recognition of the fact that both employers and employees benefit from the establishment of parental and family leave as a condition of employment. (Added 1991, No. 260 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 471. Definitions

§ 471. Definitions
As used in this subchapter:
(1) “Employer” means an individual, organization, or governmental body, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air, or express company doing business in or operating within this State which 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 and for the purposes of family leave employs 15 or more individuals for an average of at least 30 hours per week during a year.
(2) “Employee” means a person who, in consideration of direct or indirect gain or profit, has been continuously employed by the same employer for a period of one year for an average of at least 30 hours per week.
(3) “Family leave” means a leave of absence from employment by an employee who works for an employer which employs 15 or more individuals who are employed for an average of at least 30 hours per week during the year for one of the following reasons:
(A) the serious illness of the employee; or
(B) the serious illness of the employee’s child, stepchild or ward who lives with the employee, foster child, parent, spouse, or parent of the employee’s spouse.
(4) “Parental leave” means a leave of absence from employment by an employee who works for an employer which employs 10 or more individuals who are employed for an average of at least 30 hours per week during the year for one of the following reasons:
(A) the birth of the employee’s child; or
(B) the initial placement of a child 16 years of age or younger with the employee for the purpose of adoption.
(5) “Serious illness” means an accident, disease, or physical or mental condition that:
(A) poses imminent danger of death;
(B) requires inpatient care in a hospital; or
(C) requires continuing in-home care under the direction of a physician. (Added 1989, No. 83, § 1; amended 1989, No. 150 (Adj. Sess.), § 2; 1991, No. 260 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 472a. Short-term family leave

§ 472a. Short-term family leave
(a) In addition to the leave provided in section 472 of this title, an employee shall be entitled to take unpaid leave not to exceed four hours in any 30-day period and not to exceed 24 hours in any 12-month period. An employer may require that leave be taken in a minimum of two-hour segments and may be taken for any of the following purposes:
(1) To participate in preschool or school activities directly related to the academic educational advancement of the employee’s child, stepchild, foster child, or ward who lives with the employee, such as a parent-teacher conference.
(2) To attend or to accompany the employee’s child, stepchild, foster child, or ward who lives with the employee or the employee’s parent, spouse, or parent-in-law to routine medical or dental appointments.
(3) To accompany the employee’s parent, spouse, or parent-in-law to other appointments for professional services related to their care and well-being.
(4) To respond to a medical emergency involving the employee’s child, stepchild, foster child, or ward who lives with the employee or the employee’s parent, spouse, or parent-in-law.
(b) An employee shall make a reasonable attempt to schedule appointments for which leave may be taken under this section outside of regular work hours. In order to take leave under this section, an employee shall provide the employer with the earliest possible notice, but in no case later than seven days, before leave is to be taken except in the case of an emergency. In this subsection, “emergency” means circumstances where the required seven day notice could have a significant adverse impact on the family member of the employee.
(c) At the employee’s discretion, the employee may use accrued paid leave, including vacation and personal leave. (Added 1997, No. 41, § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 472b. Town meeting leave; employees; students

§ 472b. Town meeting leave; employees; students
(a) Subject to the essential operation of a business or entity of State or local government, which shall prevail in any instance of conflict, an employee shall have the right to take unpaid leave from employment under this section or subsection 472(b) of this title for the purpose of attending his or her annual town meeting, provided the employee notifies the employer at least seven days prior to the date of the town meeting.
(b) A student of voting age shall have the right to attend his or her annual town meeting, and the school shall not penalize or report the student as a truant for exercising the right provided by this section.
(c) The requirement of subsection (b) shall not apply to a student who is in State custody in a secure facility.
(d) The requirement of subsection (b) shall not create an obligation for any parent, guardian, or custodian to take any affirmative action to enable the student to attend an annual town meeting. (Added 2007, No. 124 (Adj. Sess.), § 1; amended 2013, No. 31, § 5.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 473. Retaliation prohibited

§ 473. Retaliation prohibited
An employer shall not discharge or in any other manner retaliate against an employee who exercises or attempts to exercise his or her rights under this subchapter. The provisions against retaliation in subdivision 495(a)(8) of this title shall apply to this subchapter. (Added 1989, No. 83, § 1; amended 2013, No. 31, § 7; 2017, No. 74, § 36.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 474. Penalties and enforcement

§ 474. Penalties and enforcement
(a) The penalty and enforcement provisions of section 495b of this title shall apply to this subchapter.
(b) An employer may bring a civil action to recover compensation paid to the employee during leave, except payments made for accrued sick leave or vacation leave, and court costs to enforce the provisions of subsection 472(h) of this title. (Added 1989, No. 83, § 1; amended 2013, No. 31, § 8; 2017, No. 74, § 37.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 482. Earned sick time

§ 482. Earned sick time
(a) An employee shall accrue not less than one hour of earned sick time for every 52 hours worked.
(b) An employer may require a waiting period for newly hired employees of up to one year. During this waiting period, an employee shall accrue earned sick time pursuant to this subchapter, but shall not be permitted to use the earned sick time until after he or she has completed the waiting period.
(c) An employer may:
(1) limit the amount of earned sick time accrued pursuant to this section to:
(A) from January 1, 2017 until December 31, 2018, a maximum of 24 hours in a 12-month period; and
(B) after December 31, 2018, a maximum of 40 hours in a 12-month period; or
(2) limit to 40 hours the number of hours in each workweek for which full-time employees not subject to the overtime provisions of the Federal Fair Labor Standards Act, 29 U.S.C. § 213(a)(1), may accrue earned sick time pursuant to this section.
(d)(1) Earned sick time shall be compensated at a rate that is equal to the greater of either:
(A) the normal hourly wage rate of the employee; or
(B) the minimum wage rate for an employee pursuant to section 384 of this title.
(2) Group insurance benefits shall continue during an employee’s use of earned sick time at the same level and conditions that coverage would be provided as for normal work hours. The employer may require that the employee contribute to the cost of the benefits during the use of earned sick time at the existing rate of employee contribution.
(e) Except as otherwise provided by subsection 484(a) of this subchapter, an employer shall calculate the amount of earned sick time that an employee has accrued pursuant to this section:
(1) as it accrues during each pay period; or
(2) on a quarterly basis, provided that an employee may use earned sick time as he or she accrues it during each quarter. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 484. Compliance with earned sick time requirement

§ 484. Compliance with earned sick time requirement
(a) An employer shall be in compliance with this subchapter if either of the following occurs:
(1) The employer offers a paid time off policy or is a party to a collective bargaining agreement that provides the employee with paid time off from work that:
(A) he or she may use for all of the reasons set forth in subsection 483(a) of this subchapter; and
(B) accrues and may be used at a rate that is equal to or greater than the rate set forth in sections 482 and 483 of this subchapter.
(2) The employer offers a paid time off policy or is a party to a collective bargaining agreement that provides the employee with at least the full amount of paid time off from work required pursuant to sections 482 and 483 of this subchapter at the beginning of each annual period and the employee may use it at any time during the annual period for the reasons set forth in subsection 483(a) of this subchapter. If the employer provides an employee with the full amount of paid time off at the beginning of each annual period, the paid time off shall not carry over from one annual period to the next as provided in subdivision 483(d)(1) of this subchapter.
(b) Nothing in this subchapter shall be construed to require an employer that satisfies the requirements of subsection (a) of this section to provide additional earned sick time to an employee that chooses to use paid time off that could be used for the reasons set forth in subdivisions 483(a)(1)-(5) of this subchapter for a different purpose.
(c) Nothing in this subchapter shall be construed to prevent an employer from providing a paid time off policy or agreeing to a collective bargaining agreement that provides a paid time off policy that is more generous than the earned sick time provided by this subchapter.
(d)(1) Nothing in this subchapter shall be construed to diminish an employer’s obligation to comply with any collective bargaining agreement or paid time off policy that provides greater earned sick time rights than the rights provided by this subchapter.
(2) Nothing in this subchapter shall be construed to preempt or override the terms of a collective bargaining agreement that is in effect before January 1, 2017.
(e) A collective bargaining agreement or paid time off policy may not diminish the rights provided by this subchapter. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 485. Severability of provisions

§ 485. Severability of provisions
If any provision of this subchapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the subchapter and the application of such provisions to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 486. New employer exemption

§ 486. New employer exemption
(a) Notwithstanding any provision of this subchapter to the contrary, new employers shall not be subject to the provisions of this subchapter for a period of one year after the employer hires its first employee.
(b) For purposes of enforcement under subsections 483(l)-(n) of this subchapter, an employer shall be presumed to be subject to the provisions of this subchapter unless the employer proves that a period of no more than one year elapsed between the date on which the employer hired its first employee and the date on which the employer is alleged to have violated the provisions of this subchapter.
(c) No employer shall transfer an employee to a second employer with whom there is, at the time of the transfer, substantially common ownership, management, or control for the purposes of either employer claiming an exemption pursuant to subsection (a) of this section. (Added 2015, No. 69 (Adj. Sess.), § 4, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 491. Absence on military service and training; employment and reemployment rights

§ 491. Absence on military service and training; employment and reemployment rights
(a)(1) Any member of the Reserve Components of the U.S. Armed Forces, of the Ready Reserve, or of the Vermont National Guard or the National Guard of another state shall, when called to state or federal service, receive the same benefits, privileges, and protections in employment regardless of the activation authority or location of service.
(2)(A) Upon request, a member of the Reserve Components of the U.S. Armed Forces, of the Ready Reserve, or of the Vermont National Guard or the National Guard of another state shall be entitled to a leave of absence to engage in military drill, training, or other temporary duty pursuant to state or federal military orders.
(B) A member of the Vermont National Guard or the National Guard of any state or territory who is ordered to state active duty shall be subject to the requirements of and entitled to the rights, privileges, benefits, and protections provided by the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301-4335.
(C) A leave of absence shall be with or without pay as determined by the employer.
(b) A member of or an applicant for membership in the National Guard in either federal or state status as defined in 20 V.S.A. §§ 366 and 601 shall not be denied initial employment, reemployment, retention of employment, promotion, or any benefit of employment by an employer on the basis of membership, application for membership, performance of service, application for service, or obligation to serve.
(c) An employer shall not discriminate in employment against any person because a person has taken any of the following actions:
(1) enforcement of a provision of this subchapter or federal law;
(2) testified or made a statement in connection with any proceeding under this subchapter or under federal law;
(3) assisted or participated in any investigation under this subchapter or federal law; or
(4) exercised any right provided by this subchapter or under federal law. (Amended 1999, No. 138 (Adj. Sess.), § 6; 2007, No. 44, § 1; 2015, No. 121 (Adj. Sess.), § 1; 2021, No. 10, § 72; 2021, No. 105 (Adj. Sess.), § 406, eff. July 1, 2022.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 492. Rights and benefits

§ 492. Rights and benefits
(a) Any absence for military training or State active duty shall not affect the employee’s right to receive normal vacation, sick leave, bonus, advancement, and other advantages of employment normally to be anticipated in the employee’s particular position.
(b) Any person who is absent from employment necessitated by service in the National Guard as permitted under section 491 of this title shall be entitled to the reemployment rights and benefits provided in 38 U.S.C. §§ 4312-4318.
(c)(1) If any member of the Vermont National Guard with civilian employer-sponsored insurance coverage is ordered to State active duty by the Governor for up to 30 days, or if any member of the National Guard of another state who is a Vermont employee with civilian employer-sponsored insurance is ordered to state active duty by the Governor of that state for up to 30 days, the service member may, at the member’s option, continue his or her civilian health insurance under the same terms and conditions as were in effect for the month preceding the member’s call to state active duty, including a continuation of the same levels of employer and employee contributions toward premiums and cost-sharing.
(2) If a member of the Vermont National Guard is called to State active duty for more than 30 days, or if a member of the National Guard of another state who is a Vermont employee is called to state active duty for more than 30 days, the member may continue his or her civilian health insurance. For a member whose employer chooses not to continue regular contributions toward premiums and cost-sharing during the period of the member’s state active duty in excess of 30 days, the State of Vermont shall be responsible for paying the employer’s share of the premium and cost-sharing.
(3) The Office of the Adjutant General shall administer this subsection and may adopt policies, procedures, and guidelines to carry out the purposes of this subsection, including developing employee notice requirements, enforcement provisions, and a process for the State to remit the employer’s share of premiums and cost-sharing to the appropriate entities pursuant to subdivision (2) of this subsection. (Amended 1999, No. 138 (Adj. Sess.), § 6; 2011, No. 149 (Adj. Sess.), § 6; 2015, No. 121 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 493. Enforcement

§ 493. Enforcement
(a) If any employer fails to comply with any of the provisions of this subchapter, the employee may bring an action in the Civil Division of the Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney’s fees, and other appropriate relief.
(b) The Attorney General or a State’s Attorney may enforce the provisions of this subchapter by bringing an action in Superior Court for legal and equitable relief and may conduct civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though a violation of this subchapter were an unfair act in commerce. (Amended 1999, No. 138 (Adj. Sess.), § 6a; 2015, No. 121 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 494. Definitions

§ 494. Definitions
As used in this subchapter:
(1) “Employer” means any individual, organization, or governmental body, including partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within this State, which has one or more individuals performing services for it within this State.
(2) “Employee” means every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services.
(3) “Prospective employee” means an individual seeking or being sought for employment with an employer.
(4) “Employment agency” means a person who undertakes, with or without compensation, to procure, refer, recruit, or place for an employer or person, the opportunity to work for an employer.
(5) “Examiner” means any person licensed under 26 V.S.A. chapter 53.
(6) “Polygraph examination” means any procedure which involves the use of instrumentation or a mechanical device to enable or assist the detection of deception, the verification of the truthfulness, or the rendering of a diagnostic opinion regarding either of these, and includes a lie detector or similar test. (Added 1985, No. 89.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 494a. Polygraph testing as condition of employment

§ 494a. Polygraph testing as condition of employment
(a) Except as provided in section 494b of this title, an employer or an employment agency shall not as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, do any of the following:
(1) request or require that an employee or applicant for employment take or submit to a polygraph examination; or
(2) administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment; or
(3) request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited under this subchapter.
(b) An employer shall not refuse to hire, promote, or change the status of employment of an applicant for employment because the applicant refuses or declines a polygraph examination. (Added 1985, No. 89.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 5 - Employment Practices › § 494b. Employers permitted to require polygraph examinations

§ 494b. Employers permitted to require polygraph examinations
The following employers may require that an applicant for employment take or submit to a polygraph examination, or administer or cause to be administered a polygraph examination to an applicant for employment:
(1) the Department of Public Safety; the Department of Motor Vehicles, for applicants for law enforcement positions; the Department of Fish and Wildlife, for applicants for law enforcement positions; the Department of Liquor and Lottery and the Board of Liquor and Lottery, for applicants for investigator positions; municipal police departments and county sheriffs, as to sworn police officers and deputy sheriffs;
(2) any employer whose primary business is the wholesale or retail sale of precious metals or gems and jewelry or items made from precious metals or gems;
(3) any employer whose business includes the manufacture or the wholesale or retail sale of regulated drugs as defined in 18 V.S.A. § 4201; provided, however, that only employees who come in contact with such regulated drugs may be required to take a polygraph examination;
(4) any employer authorized or required under federal law or regulations to administer polygraph examinations. (Added 1985, No. 89; amended 2001, No. 38, § 1; 2009, No. 5, § 1; 2019, No. 73, § 35.)