Section 9 - Safe Leave

Sec. 9. 21 V.S.A. § 472d is added to read:

§ 472d. SAFE LEAVE

(a) As used in this section

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

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

(3) “Employer” means any person who employs one or more individuals to perform services in Vermont.

(4) “Employee” means a person who either:

(A) in consideration of direct or indirect gain or profit, has been continuously employed by the same employer for a period of six months for an average of at least 20 hours per week; or

(B) is employed by an employer and, during at least two of the last four completed calendar quarters, has received payments with respect to services performed for the employer from which the employer is required to withhold Vermont income tax pursuant to 32 V.S.A. chapter 151, subchapter 4.

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

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

(b)(1) In addition to any other leave provided pursuant to this subchapter, an employee shall be entitled to take up to 12 weeks of leave in a 12-month period if:

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

(B) the employee 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 employee is not the alleged perpetrator of the domestic violence, sexual assault, or stalking.

(2)(A) An employee may use the leave provided pursuant to this subsection (b) intermittently.

(B) An employee who uses leave intermittently shall be entitled to take leave in increments of not less than one day.

(c) During the leave, at the employee’s option, the employee may use accrued sick leave, vacation leave, or any other accrued paid leave. Use of accrued paid leave shall not extend the leave provided pursuant to this section.

(d)(1)(A) If the need for a leave pursuant to this section is foreseeable, the employee shall provide the employer with written notice of the need for the leave as soon as practicable.

(B) An employee shall not be required to provide advance notice of the need for leave caused by an emergency or other unforeseen event but shall instead notify the employer that the leave was taken or is being taken within three business days after commencing the leave.

(2)(A) An employer may require an employee to provide documentation of the need for the leave from one of the following sources:

(i) a court or a law enforcement or other government agency;

(ii) a domestic violence, sexual assault, or stalking assistance program;

(iii) a legal, clerical, medical, or other professional from whom the employee, or the employee’s family member, received counseling or other assistance concerning domestic violence, sexual assault, or stalking; or

(iv) a self-certification of the employee’s, or the employee’s family member’s, status as a victim of domestic violence, sexual assault, or stalking, signed under penalty of perjury, on a standard form adopted for that purpose by:

(I) a federal or State government entity, including the Vermont Department for Children and Families; or

(II) a nonprofit organization that provides support services to protected tenants.

(B) An employer shall not disclose any information received pursuant to this subdivision (d)(2) except to the extent:

(i) consented to by the employee in writing;

(ii) required pursuant to a court order; or

(iii) required pursuant to State or federal law.

(e) The employer shall continue employment benefits for the duration of a leave taken pursuant to this section at the level and under the conditions coverage would be provided if the employee continued in employment continuously for the duration of the leave. The employer may require that the employee contribute to the cost of benefits during the leave at the existing rate of employee contribution.

(f) An employer shall post and maintain in a conspicuous place in and about each of its places of business printed notices of the provisions of this section on forms provided by the Commissioner of Labor.

(g)(1) Upon return from leave taken under this section, an employee shall be offered the same or comparable job at the same level of compensation, employment benefits, seniority, and any other term or condition of the employment existing on the day leave began.

(2) This subsection shall not apply if, prior to requesting leave, the employee had been given notice or had given notice that the employment would terminate.

(3) This subsection shall not apply if the employer can demonstrate by clear and convincing evidence that during the period of leave the employee’s job would have been terminated or the employee would have been laid off for reasons unrelated to the leave or the reason for which the leave was taken.

(h)(1) An employer may adopt a leave policy more generous than the leave provided by this section.

(2) Nothing in this section shall be construed to diminish an employer’s obligation to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater leave rights than the rights provided by this section.

(3) A collective bargaining agreement or employment benefit program or plan shall not diminish the rights provided by this section.