§ 2051. DEFINITIONS

As used in this chapter:

(1) “Agent” means an individual who holds a valid power of attorney for an employee or self-employed individual or another legal authorization to act on the employee or self-employed individual’s behalf that is acceptable to the Director.

(2) “Average weekly earnings” means the sum of a qualified individual’s wages, if any, upon which contributions have been paid pursuant to section 2054 of this chapter during the individual’s two highest-earning quarters plus the qualified individual’s self-employment income, if any, upon which contributions have been paid pursuant to section 2054 of this chapter during the individual’s two highest-earning quarters divided by 26.

(3) “Benefits” means Family and Medical Leave Insurance benefits provided pursuant to this chapter.

(4) “Bereavement leave” means a leave of absence from employment or self-employment by an individual due to the death of the individual’s family member that occurs not more than one year after the family member’s death. Bereavement leave includes leave taken in relation to the administration or settlement of the deceased family member’s estate.

(5) “Director” means the Director of the Division of Family and Medical Leave.

(6) “Division” means the Division of Family and Medical Leave in the Office of the Treasurer.

(7) “Domestic partner” has the same meaning as in 17 V.S.A. § 2414.

(8) “Domestic violence” has the same meaning as in 15 V.S.A. § 1151.

(9) “Employee” means an individual who receives payments with respect to services performed for an employer from which the employer is required to withhold Vermont income tax pursuant to 32 V.S.A. chapter 151, subchapter 4.

(10) “Employer” means a person who employs one or more employees.

(11) “Enrolled self-employed individual” means a self-employed individual who has obtained coverage under the Program pursuant to section 2059 of this chapter.

(12) “Family and medical leave” means a leave of absence from employment or from self-employment by a qualified individual for:

(A) the qualified individual’s own serious illness or injury;

(B) a serious illness or injury of the qualified individual’s family member;

(C) the qualified individual’s pregnancy;

(D) the birth of the qualified individual’s child;

(E) the initial placement of a child 18 years of age or younger with the qualified individual for the purpose of adoption or foster care; or

(F) a qualifying exigency arising out of a qualified individual’s family member’s active duty service in the U.S. Armed Forces or notice of an impending call or order to active duty in the U.S. Armed Forces.

(13) “Family member” means:

(A) regardless of age, a qualified individual’s biological, adopted, or foster child; a qualified individual’s stepchild or legal ward; a child of the qualified individual’s spouse or civil union or domestic partner; a child to whom the qualified individual stands in loco parentis; or an individual to whom the qualified individual stood in loco parentis when the individual was under 18 years of age;

(B)(i) a parent of a qualified individual or qualified individual’s spouse or civil union or domestic partner, regardless of whether the relationship to the qualified individual or qualified individual’s spouse or civil union or domestic partner is a biological, foster, adoptive, or step relationship;

(ii) a legal guardian of a qualified individual or qualified individual’s spouse or civil union or domestic partner; or

(iii) a person who stood in loco parentis when the qualified individual or qualified individual’s spouse or civil union or domestic partner was under 18 years of age;

(C) a person to whom the qualified individual is legally married under the laws of any state or a civil union or domestic partner of a qualified individual;

(D) a grandparent, grandchild, or sibling of the qualified individual or qualified individual’s spouse or civil union or domestic partner, regardless of whether the relationship to the qualified individual or the qualified individual’s spouse or civil union or domestic partner is a biological, foster, adoptive, or step relationship; or

(E) as shown by the qualified individual, any other individual with whom the qualified individual has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.

(14) “Highest earning quarters” means the two calendar quarters of the last four completed calendar quarters when an individual earned the highest combined total of wages upon which contributions were paid pursuant to section 2054 of this chapter and self-employment income upon which contributions were paid pursuant to section 2054 of this chapter.

(15) “In loco parentis” means a child for whom an individual has day-to-day responsibilities to care for and financially support or, in the case of a qualified individual or the qualified individual’s spouse or civil union or domestic partner, an individual who had such responsibility for the qualified individual or the spouse or civil union or domestic partner when the qualified individual or the spouse or civil union or domestic partner was under 18 years of age.

(16) “Program” means the Family and Medical Leave Insurance Program created pursuant to this chapter.

(17) “Qualified individual” means an employee or enrolled self-employed individual who:

(A) satisfies the eligibility requirements established pursuant to section 2056 of this chapter; and

(B) has submitted an application and all necessary documentation of the need for the leave pursuant to section 2057 of this chapter.

(18) “Qualifying exigency” means a qualifying exigency related to active duty service in the U.S. Armed Forces that is identified pursuant to 29 C.F.R. § 825.126.

(19) “Safe leave” means a leave of absence from employment or self-employment by a qualified individual because:

(A) the qualified individual or the qualified individual’s family member is a victim of domestic violence, sexual assault, or stalking;

(B) the qualified individual is using the leave for one of the following reasons related to the domestic violence, sexual assault, or stalking:

(i) to seek or obtain medical care, counseling, or social or legal services, either for themselves or for a family member;

(ii) to recover from injuries;

(iii) to participate in safety planning, either for themselves or for a family member;

(iv) to relocate or secure safe housing, either for themselves or for a family member; or

(v) to meet with a State’s Attorney or law enforcement officer; and

(C) the qualified individual is not the alleged perpetrator of the domestic violence, sexual assault, or stalking.

(20) “Self-employed individual” means a sole proprietor or partner owner of an unincorporated business, the sole member of an LLC that does not have any employees other than the member, or the sole shareholder of a corporation that does not have any employees other than the shareholder.

(21) “Self-employment income” has the same meaning as in 26 U.S.C. 9 § 1402.

(22) “Serious illness or injury” means an accident, disease, injury, 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.

(23) “Sexual assault” has the same meaning as in 15 V.S.A. § 1151.

(24) “Stalking” has the same meaning as in 15 V.S.A. § 1151.

(25) “U.S. Armed Forces” means:

(A) the U.S. Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard;

(B) a reserve component of the U.S. Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard; or

(C) the National Guard of any state.

(26) “Wages” means payments that are included in the definition of wages set forth in 26 U.S.C. § 3401.