Vermont FMLA And Leave Law Guidelines And Requirements

The Family & Medical Leave Act (FMLA) is a federal law that applies to employer organizations with 50 or more employees for 20 or more workweeks in the current or previous calendar year.

The Family & Medical Leave Act does not take the place of other sources of leave, including Vermont's FMLA and other state leave laws. To the extent an organization subject to the FMLA is also subject to a state leave law, it must comply with both the FMLA and the state leave law.

The challenge in coordinating compliance with federal and state law is that the state leave laws may differ from FMLA law in employee eligibility criteria, as well as the length and type of protection.

Vermont's FMLA And Other Leave Laws

In addition to the Family & Medical Leave Act, Vermont law requires employers to provide up to six weeks of leave under its Parental Leave, Family Leave, and Short-Term Family Leave laws.

The latter allows employees to take short-term family leave to:

• Participate in preschool or school activities directly related to a family member's academic advancement such as a parent-teacher conference
• Go to the doctor or dentist for a routine visit
• Accompany a family member to routine medical or dental appointments
• Respond to a medical emergency involving a family member
• Accompany a family member to appointments for professional services related to their care and well-being such as interviewing for admission to a nursing home

For more information on these laws go to https://women.vermont.gov/sites/women/files/pdf/Parental_Family_Leave_Guide.pdf

How To Determine Whether FMLA Guidelines Or State Guidelines Apply In Vermont

Here are some guidelines if your organization is subject to both FMLA and Vermont leave law:

• If an eligible employee wishes to take a leave that is covered under both the state leave law and the FMLA, then generally the leave can be run concurrently. In other words, it can be counted towards satisfying the requirements under both state and federal law simultaneously
• If an eligible employee wishes to take a leave covered under the FMLA, but not also covered under the state leave law, that leave can only count towards satisfaction of the FMLA requirements. The total amount of leave available under the state law would still be available to that employee
• If an eligible employee wishes to take a leave covered under the state leave law, but not also covered under the FMLA, that leave can only count towards satisfaction of the state leave law. The total amount of leave available under the FMLA (e.g., 12 weeks or 26 weeks) would still be available to the employee

Note: The above is excerpted from our FMLA Training & Certification Program.

Recommended Training For Vermont's FMLA Requirements

From seminars to webinars to online courses, HRTrainingCenter offers a variety of FMLA compliance training courses. Simply select one of our 'Recommended Courses' or use the search box to find your desired FMLA training course.

• Certificate Program In FMLA, ADA, Compliance
• FMLA Training & Certification Program
• How To Identify And Investigate FMLA Abuse
• Integrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program

To find other FMLA training courses, use the search box below.

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