Vermont Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

How does FMLA work in Vermont?

The federal FMLA applies to Vermont employers with 50 or more employees within a 75-mile radius. Eligible employees — those with at least 12 months of employment and 1,250 hours worked in the preceding 12 months — may take up to 12 weeks of unpaid, job-protected leave annually for qualifying family and medical reasons. Vermont’s own VPFLA operates alongside the FMLA, extending similar unpaid leave protections to smaller employers. When both apply to the same event, leave runs concurrently. (U.S. DOL FMLA; Vermont DOL — Act 32 VPFLA)

How long is maternity leave in Vermont?

Eligible employees may take up to 12 weeks of unpaid, job-protected parental leave under the VPFLA, which covers pregnancy, recovery from childbirth, and newborn bonding. The VPFLA applies to employers with 10 or more qualifying employees — below the FMLA’s 50-employee threshold. Workers enrolled in VT-FMLI may receive at least 6 weeks of paid wage replacement at 60% or more of wages during that leave. Accrued earned sick time may also be used to receive pay for qualifying absences during pregnancy or postpartum recovery. (Vermont DOL — Act 32 VPFLA)

Is maternity leave paid in Vermont?

No Vermont law mandates paid maternity leave. The VPFLA and FMLA both provide unpaid leave. Paid options include voluntary enrollment in VT-FMLI (at least 6 weeks, 60%+ wage replacement) and use of accrued earned sick time (up to 40 hours/year). Employer-provided short-term disability insurance may also provide income replacement during pregnancy disability. (governor.vermont.gov — VT-FMLI)

Who is eligible for FMLA in Vermont?

Federal FMLA requires employment at a covered employer (50+ employees within 75 miles), at least 12 months of employment, and at least 1,250 hours worked in the preceding 12-month period. Vermont’s VPFLA provides a parallel entitlement at employers with 10 or more employees (for most leave types) or 15 or more employees (for family leave), with an average of 30+ hours per week for 12 months. (U.S. DOL FMLA; Vermont DOL — Act 32 VPFLA)

Is FMLA leave paid in Vermont?

FMLA leave is unpaid. Vermont does not supplement the federal FMLA with a mandatory paid leave program. Workers enrolled in the voluntary VT-FMLI plan may receive paid wage replacement of at least 60% of average weekly wages for at least 6 weeks for qualifying events, running concurrently with FMLA leave. Employees may also choose to apply up to 6 weeks of accrued paid leave during the leave period. (U.S. DOL FMLA)

Does Vermont have paid sick leave?

Yes. Vermont requires paid sick leave under the Earned Sick Time Act, 21 V.S.A. §§ 481–486, which has applied to all Vermont employers since January 1, 2018. Employees accrue 1 hour of paid sick leave for every 52 hours worked, up to 40 hours of use per year. (21 V.S.A. § 482, Vermont Legislature)

Does Vermont have paid family leave?

Vermont does not have a mandatory paid family leave program. The VT-FMLI is a voluntary insurance plan — neither private employers nor workers are required to participate. State government employees receive VT-FMLI as a mandatory benefit. Private-sector workers covered by an employer group plan, or who purchase individual coverage, may receive at least 6 weeks of paid leave at 60%+ of wages for qualifying events. (governor.vermont.gov — VT-FMLI)

How many sick days are required in Vermont?

Vermont requires employees to accrue at least 1 hour of paid sick leave for every 52 hours worked, with a maximum usage cap of 40 hours (5 days at an 8-hour workday) per year. Employers may cap annual accrual at 40 hours. (21 V.S.A. § 482, Vermont Legislature)

Does FMLA apply to small businesses in Vermont?

Federal FMLA applies only to private employers with 50 or more employees within a 75-mile radius. Vermont’s VPFLA reaches smaller employers: parental, bereavement, safe, and qualifying exigency leave apply to employers with 10 or more employees (averaging 30+ hours/week); family leave for serious health conditions applies to employers with 15 or more employees on the same basis. Small businesses below even these thresholds must still comply with the Earned Sick Time Act. (Vermont DOL — Act 32 VPFLA)

How long is paternity leave in Vermont?

Vermont VPFLA parental leave applies equally to both parents and all non-birthing parents — each parent is entitled to up to 12 weeks of unpaid leave within the first year of a child’s birth, adoption, or foster placement, at qualifying employers. Where both parents work for the same employer, each retains an independent 12-week entitlement under the VPFLA. Federal FMLA also provides 12 weeks of bonding leave for eligible employees at covered employers (50+), though spouses at the same employer share the 12-week FMLA entitlement for bonding. (Vermont DOL — Act 32 VPFLA)

Can an employer deny paid sick leave in Vermont?

Vermont law prohibits employers from denying earned sick time to eligible employees. An employer who violates the Earned Sick Time Act may be fined up to $5,000 per violation, with additional civil penalties up to $5,000 per violation. Retaliation for invoking sick leave rights is prohibited. (Vermont Earned Sick Time Rules, Vermont DOL)

Is paid sick leave available to part-time employees in Vermont?

Yes. Vermont’s Earned Sick Time Act covers part-time employees whose primary place of work is Vermont, subject to the general exclusions for seasonal/temporary employees working 20 or fewer weeks in a position not intended to last more than 20 weeks. Part-time employees accrue sick time at the same rate as full-time workers: 1 hour per 52 hours worked. (21 V.S.A. § 481, Vermont Legislature)

Can paid sick leave be used for a family member’s illness in Vermont?

Yes. Vermont’s Earned Sick Time Act permits employees to use earned sick time to care for a sick or injured parent, grandparent, spouse, child, brother, sister, parent-in-law, grandchild, or foster child — including accompanying covered family members to healthcare appointments and long-term care appointments. (21 V.S.A. § 483(a), Vermont Legislature)

What happens to unused sick leave when an employee leaves their job in Vermont?

Unused earned sick time does not need to be paid out upon separation from employment unless the employer’s policy provides for payout. If an employee is involuntarily discharged and rehired by the same employer within 12 months, the employee resumes accrual without a new waiting period. If an employee voluntarily separates and is rehired within 12 months, a new waiting period may apply unless the employer agrees otherwise. (21 V.S.A. § 483(f), Vermont Legislature)

Is there a waiting period before using paid sick leave in Vermont?

Employers may require a waiting period of up to one year before a newly hired employee may use accrued sick time. During this period, the employee continues to accrue sick time but cannot use it. New employers — those within their first year after hiring their first employee — are exempt from the Act during that year. (21 V.S.A. § 482(b), Vermont Legislature)

What does Vermont’s expanded VPFLA add compared to the old law?

Act 32, effective July 1, 2025, added three new categories of job-protected unpaid leave: bereavement leave (up to 2 weeks within the 12-week cap), safe leave for domestic violence and sexual assault victims (at employers with 10+), and qualifying military exigency leave. It also expanded parental leave to include recovery from childbirth or miscarriage, extended foster placement coverage to children up to age 18, and substantially broadened the definition of “family member” to include domestic partners, grandparents, grandchildren, siblings, and in loco parentis relationships. (Vermont DOL — Act 32 VPFLA)

Can VT-FMLI and VPFLA leave run at the same time?

Yes. Where an employee’s qualifying event triggers both VT-FMLI wage replacement benefits and VPFLA unpaid leave protections, the programs run concurrently rather than sequentially. This means the employee receives VT-FMLI paid benefits during the same weeks that count toward the 12-week VPFLA entitlement. VT-FMLI does not independently provide job protection — that protection derives from the VPFLA or FMLA. (governor.vermont.gov — VT-FMLI)