Vermont Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Vermont.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Vermont Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

Yes, Vermont was the fifth state in the nation to enact a paid sick leave law, which went into effect on January 1, 2017. The Vermont Earned Sick Time Law applies to most employees working in the state.

Are There Requirements to be Eligible for Paid Sick Leave in Vermont?

In order to be eligible to earn paid sick leave in Vermont, you must have a primary workplace within the state and work an average of at least 18 hours per week. Additionally, some workers are exempt, including federal employees, seasonal employees working for 20 weeks or fewer in a 12-month period, per diem health care workers, substitute teachers not working as long-term workers, minors (under 18), and others.

Is There a Minimum Amount of Paid Sick Time Required in Vermont?

Employees who qualify must earn 1 hour of paid sick time for every 52 hours worked. They may take a maximum of 40 hours in a year.

What Can PSL be Used for in Vermont?

Eligible employees may use their paid sick leave to care for themselves or a family member when suffering from an illness, injury, or physical or mental health condition.

Additionally, the law allows for the use of earned time to address the effects stalking, domestic violence, or sexual assault. It is also allowed to be used to care for a family member whose school or place of care is closed due to safety or public health reasons.

Is Paid Sick Leave Required to be Carried Over Each Year in Vermont?

Yes, eligible employees may carry over up to 40 hours of unused, accrued paid sick leave. Employers may choose to pay out the earned sick time rather than carrying it over.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Vermont?

Yes, paid sick leave differs from paid time off (PTO). Paid sick leave is required for employers to provide in most cases. PTO is an optional benefit that an employer can choose to provide.

Additionally, PTO can typically be used for any purpose, as long as the time off is approved by an employee’s supervisor. Paid sick leave must be used to address an employee’s own health needs or the health needs of a family member.

Common Vermont Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Vermont?

Employees who qualify for paid sick leave can earn it at a rate of 1 hour for every 52 hours worked. Employers may also choose to frontload 40 hours at the start of the year. An employee may not take more than 40 hours in a year.

Does paid sick leave apply to all employees who work in Vermont?

The law applies to employees working at least 19 hours per week (on average) in the state. There are some additional exceptions (outlined below).

Which employees are exempt or partially exempt from the paid sick leave law in Vermont?

The following employees are exempt from the Earned Sick Time law:

• Employees working an average of under 18 hours per week
• Employees of the U.S. federal government
• Certain state employees not covered by a collective bargaining agreement
• Seasonal employees (employed 20 weeks or fewer over a 12-month period)
• Per diem healthcare workers
• Substitute teachers (not long term)
• Sole proprietors or partner owners of unincorporated businesses excluded from the employee definition
• Contractors (also includes individuals working on an intermittent or per diem basis and is under no obligation to work for the employer and has no expectation of continuing employment)
• Minors (under age 18)

Do I have to notify my employer before taking sick leave in Vermont?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in Vermont?

The law protects employees from retaliation by their employer for using paid sick leave. However, you must comply with your company’s policy around notifying the employer and providing required documentation. Employees found to be misusing paid sick leave or violating company rules may face discipline.

Vermont Earned Sick Time Act Employee Rights

Vermont Earned Sick Time Law FAQ

Vermont Department of Labor

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