Vermont Earned Sick Time Law Frequently Asked Questions
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hours required by the Act are met. Employers are well advised to provide notice to employees
that additional time will not be provided.
Q: I don’t want to track accrual; can I provide a lump sum of earned sick time?
A: Employers may offer the time as a lump sum at the beginning of an annual period but will
still need to track usage.
Q: When do I have to provide these lump sums?
A: In order to avoid having to carry over unused sick time into a subsequent annual period, the
lump sum must be provided at the beginning of the annual period.
Q: If an employer who offers more earned sick time than required by law changes their
policy, can that employer take away sick days an employee has already earned?
A: No, an employer who offers more sick time than required by law can make a prospective
change to reduce it to the minimum amount required, but that change cannot be made
retroactively if an employee has already “earned” (accrued) that time. An employer could
prevent employees from accruing more time in the future but must allow employees to use the
sick time they have already earned.
Section I: Notification Requirements and Options for Employees Using Earned
Sick Time
Q: Do employees need to notify their employers before they use earned sick time?
A: Yes. An employee must make a good faith effort to provide notice of the need in advance of
the use of earned sick time, to the extent possible.
Q: Does an employee have to reference “Earned Sick Time” in order to use earned sick
time?
A: No. An employee does not need to reference the law or the term “earned sick time” to his or
her employer in order to use earned sick time, as long as it is used for a purpose authorized by
the Act.
Q: What sort of notification system can an employer use?
A: Reasonable ones. Reasonable notice may include compliance with an employer’s reasonable
notification system that the employee customarily uses to communicate with the employer for
absences or requesting leave.
Q: Can an employer require advance notice about a pre-scheduled use of earned sick time
like an annual check-up?
A: Yes, employers may require reasonable notice if the employee has a pre-scheduled or
anticipated time the employee plans to take off to use earned sick time.
Q: What notice can an employer require for multi-day absences?
A: For multi-day absences, an employer may require notification of the expected duration of the
leave from the employee or the employee’s surrogate (e.g. spouse, adult family member or other
responsible party), unless the circumstances make such notice impracticable.