Vermont--Laws Relating to Pregnancy

Vermont--Laws Relating to Pregnancy

VERMONT

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Prohibitions against Pregnancy Discrimination

It is unlawful for any employer to discriminate on the basis of sex. Discrimination based on pregnancy can be a violation of Vermont's Fair Employment Practices Act.

For the text of the statute, click here.[1] For more information, click here.[2]

Pregnancy Accommodation

Vermont does not provide additional protections to the federal law.

Pregnancy-related Disability Accommodation

Vermont does not specifically accommodate pregnancy or its attendant medical conditions as a disability.

Breastfeeding Rights

A woman has a right to breastfeed in any place of accommodation where she and the child have a right to be.

For the text of the statute, click here.[3]

Employers must provide reasonable time throughout the day for nursing mothers to express breast milk for three years after the birth of a child.  Employers must make a reasonable accommodation to provide appropriate private space that is not a bathroom stall.

For the text of the statute, click here.[4]

Family and Childcare Leave Laws

During any 12-month period, an employee may take unpaid family leave to care for a sick immediate family member or spouse for up to 12 weeks. The employee may use accrued sick leave or vacation leave or any other accrued paid leave for up to 6 of the 12 weeks. As long as the employee gives adequate notice, leave is job-protected, but the employer may require that the employee contribute to the cost of the benefits during the leave at the existing rate of employee contribution.

*Applies to employers of fifteen or more employees. Employees must have worked at least thirty hours per week for a year.

For the text of the statute, click here.[5]

Workers are eligible for up to up to 12 weeks of parental leave during pregnancy and following the birth or adoption of a child. The employee may use accrued sick leave or vacation leave or any other accrued paid leave for up to 6 of the 12 weeks. As long as the employee gives adequate notice, leave is job-protected, but the employer may require that the employee contribute to the cost of the benefits during the leave at the existing rate of employee contribution.

*Applies to employers with ten or more employees; employees must have worked an average of thirty hours per week for at least one year.

For the text of the statute, click here.[6]

Employees may be entitled to up to four hours in a thirty day period, but no more than twenty-four hours in a year, of short-term unpaid leave to attend their children’s preschool or school activities.

*Applies to employers of fifteen or more employees. Employees must have worked at least thirty hours per week for a year.

For the text of the statute, click here.[7]

State workers may take up to four months of unpaid leave following the birth of a child. Women may use accrued sick leave for any period of disability or illness prior to childbirth and for up to six weeks after childbirth. Workers may take up to 12 weeks of family leave to care for a family member with a serious health condition, including a pregnancy-related disability.

For the text of the statute, click here.[8]

For the federal Pregnancy Discrimination Act, click here.

For the federal Family and Medical Leave Act, click here.

For further information on your pregnancy rights, contact Legal Momentum.

Copyright 2013 Legal Momentum



[1] Vt. Stat. Ann. tit. 21, § 495 (West); 21 V.S.A. § 1726.; 3 Vt SA § 961(6), 963

[2] See Lavalley v. E.B. & A.C. Whiting Co., 166 Vt. 205, 208, 692 A.2d 367, 369 (1997).

[5] Vt. Stat. Ann. tit. 21, § 472

[6] Vt. Stat. Ann. tit. 21, § 472

[7] Vt. Stat. Ann. tit. 21, § 472a

[8] Vermont Department of Human Resources (2008, August 4). Personnel Policy & Procedure Manual (pp. 281-282). Retrieved 7 June, 2013,from http://humanresources.vermont.gov/sites/dhr/files/Documents/Policy%20Manual/Number%2014.2%20-%20FAMILY%20AND%20PARENTAL%20LEAVE.pdf

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