10 March 2016 Vermont enacts paid sick leave law Under legislation enacted on March 9, 2016, Vermont law requires that effective January 1, 2017, employers provide paid sick leave to their employees. (HB 187) In a press release announcing his approval of HB 187, Governor Shumlin was quoted as saying: "When Vermonters do not have access to paid sick leave, they often go to work anyway, putting the health of other workers, the workplace, and all of us at risk. There can't be too many Vermonters who believe people should face the decision of going to work sick or potentially losing their job. When Vermonters are sick, we want them to get healthy. This law will provide dignity for employees, a more productive workforce for employers, and a safer workplace for all of us." The paid sick leave law would take effect on January 1, 2017 for most employers. An employer would be allowed to require existing employees as of January 1, 2017, to serve a waiting period of up to one year, ending on December 31, 2017, during which time the employees would accrue earned sick time, but not be allowed to use the earned sick time until the waiting period ends. An employer of five or less employees who are employed for an average of 30 hours or more per week would not be subject to the law until January 1, 2018. An employer that meets this definition would be allowed to require existing employees as of January 1, 2018, to serve a waiting period of up to one year, ending on December 31, 2018, during which time the employees would accrue earned sick time, but not be allowed to use the earned sick time until the waiting period ends. Individuals age 18 or older employed an average of 18 or more hours per week would be eligible to accrue not less than one hour of earned paid sick time for every 52 hours worked. An employer would be allowed to require a waiting period for newly hired employees of up to one year, during which the employee would accrue earned paid sick time, but would not be permitted to use the earned paid sick time until after the waiting period ends. From January 1, 2017 through December 31, 2018, an employer would be allowed to limit the amount of earned paid sick time to 24 hours per year. Effective January 1, 2019, employees would be eligible for earned paid sick time of up to 40 hours per year. Unused earned paid sick time would be carried over to the next 12-month period, unless the employer decided to pay employees for the unused earned sick time at the end of the 12-month period. The employer would not be required to pay unused earned sick time to separating employees. Employers would be required to allow employees to use earned paid sick time for their own personal sickness and doctor visits, as well as other family members' sickness and doctor visits. Other uses for earned paid sick time are provided for under the law. Employers that already offer any type of paid time off from work (including that offered under a collective bargaining agreement) that may, at a minimum, be used by employees in the amounts and for the purposes required under the bill would not be required to change their paid time off policy or offer additional paid leave. Employers would be required to post notice of the earned sick paid time law in a conspicuous place and notify each new employee of the provisions of the law. Failure of an employer to comply with the earned paid sick time law could result in a fine of up to $5,000. If the employer is a corporation, the fine could apply to corporate officers. Vermont joins California, Connecticut, Massachusetts, and Oregon, as well as the District of Columbia and numerous other cities, such as New York City, and other municipalities in mandating that employers provide paid sick leave to employees. The president's fiscal year 2017 budget proposal calls for states to establish paid sick leave programs, providing more than $2 billion for a Paid Leave Partnership Initiative to help up to five states launch paid family and medical leave programs.
Document ID: 2016-0481 | ||||||||||||||||||||
