31.4 Vermont: Family and Medical Leave (for Employers Covered by the FMLA)

Employees may be entitled to a leave of absence under the federal Family and Medical Leave Act (FMLA) and/or the Vermont Parental and Family Leave Act (VPFLA), Vt. Stat. Ann. tit. 21, § 470, et seq. This policy provides employees information concerning FMLA and/or VPFLA entitlements and obligations employees may have during such leaves. Whenever permitted by law, Simpay will run FMLA leave concurrently with VPFLA leave and any other leave provided under state or local law. If employees have any questions concerning FMLA and/or VPFLA leave, they should contact the Head of Human Resources.

I. Employees Eligible for FMLA and VPFLA Leave

The eligibility requirements under the FMLA and VPFLA are set forth below. Employees of the Company who do not meet the eligibility requirements for FMLA leave may be eligible only for VPFLA leave and vice versa. If both laws are applicable, leave under both laws runs concurrently.

A. FMLA Eligibility

FMLA leave is available to "FMLA eligible employees." To be an "FMLA eligible employee," the employee must:

Have been employed by the Company for at least 12 months (which need not be consecutive);
Have been employed by the Company for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave; and
Be employed at a worksite where 50 or more employees are located within 75 miles of the worksite.

Special hours of service eligibility requirements apply to airline flight crew employees.

B. VPFLA Eligibility

To be eligible for VPFLA leave, the employee must:

Have worked for the Company for at least 12 consecutive months for an average of at least 30 hours a week or meets the service requirements set forth in the FMLA for airline flight crews; and
Be employed by an employer doing business in, or operating within, the State of Vermont, which, for parental leave, bereavement leave, safe leave, and leave for a qualifying exigency purposes, employs 10 or more employees for an average of at least 30 hours per week for 12 consecutive months; and, for family leave purposes, employs 15 or more employees for an average of at least 30 hours per week for 12 consecutive months.

II. Entitlements

As described below, the FMLA and VPFLA provide eligible employees with a right to leave, health insurance benefits, and, with some limited exceptions, job restoration.

A. Basic FMLA and VPFLA Leave Entitlement

The FMLA provides eligible employees up to 12 workweeks of unpaid leave for certain family and medical reasons during a 12-month period. The VPFLA provides eligible employees with up to 12 weeks of unpaid leave within any 12-month period. The 12-month period for FMLA is determined on a 12-month period measured forward from the start date of the employee's first family and medical leave.

Leave may be taken for any one (1), or for a combination, of the following reasons:

To care for the employee's child after birth or placement for adoption or foster care—leave for this purpose is considered parental leave under the VPFLA;
To care for the employee's spouse, child, or parent who has a serious health condition—leave for this purpose is considered family leave under the VPFLA (VPFLA also includes domestic partners, parties to a civil union, parents-in-law, grandparents, grandparents-in-law, grandchildren, grandchildren-in-law, siblings, and siblings-in-law);
For the employee's own serious health condition (including any period of incapacity due to pregnancy, prenatal medical care, or childbirth) that, in the case of FMLA only, makes the employee unable to perform one (1) or more of the essential functions of the employee's job—leave for this purpose is considered family leave under the VPFLA except that leave for the employee's pregnancy or the employee's recovery from childbirth or miscarriage is considered parental leave under the VPFLA;
Because:
1. The employee or the employee's family member is a victim or alleged victim of domestic violence, sexual assault, or stalking;
2. The employee is using leave for one of the following reasons related to domestic violence, sexual assault, or stalking:
  1. To seek or obtain medical care, counseling, or social or legal services, either for themselves or for a family member;
  2. To recover from injuries;
  3. To participate in safety planning, either for themselves or for a family member;
  4. To relocate or secure safe housing, either for themselves or for a family member;
  5. To respond to a fatality or near fatality related to domestic violence, sexual assault, or stalking, either for themselves or for a family member; or
  6. To meet with a state's attorney or law enforcement office either for themselves or for a family member; and
3. The employee is not the perpetrator or alleged perpetrator of the domestic violence, sexual assault, or stalking (VPFLA only)—leave for this purpose is considered safe leave under the VPFLA; and/or
Because of any "qualifying exigency" arising out of the fact that the employee's spouse, child, or parent is a military member on covered active duty or called to covered active duty status (or has been notified of an impending call or order to covered active duty) in the Reserve component of the Armed Forces for deployment to a foreign country in support of contingency operation or Regular Armed Forces for deployment to a foreign country leave for this purpose is considered "qualifying exigency leave" under the VPFLA.

The VPFLA also provides that during any 12-month period, an eligible employee may use up to two (2) weeks out of the 12 weeks of VPFLA leave available as set forth above for bereavement leave due to the death of the individual’s family member, including in relation to the administration or settlement of the deceased family member’s estate, that occurs not more than one (1) year after the family member’s death, with no more than five (5) workdays to be taken consecutively.

Under the FMLA, a "serious health condition" is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined with at least two (2) visits to a health care provider or one (1) visit and a regimen of continuing treatment, incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Under the VPFLA, a "serious health condition" is an accident, illness, injury, disease, or physical or mental condition that:

Poses imminent danger of death;
Requires inpatient care in a hospital, hospice, or residential medical care facility; or
Requires continuing treatment by a health care provider rehabilitation from an accident, illness, injury, disease, or physical or mental condition, including treatment for substance use disorder.

"Qualifying exigencies" may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty, and attending post-deployment reintegration briefings.

B. Additional Military Family Leave Entitlement (Injured Servicemember Leave) (FMLA only)

In addition to the basic FMLA leave entitlement discussed above, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a "covered servicemember" is entitled to take up to 26 weeks of leave during a single 12-month period to care for the servicemember with a serious injury or illness. FMLA leave to care for a servicemember shall only be available during a single 12-month period and, when combined with other FMLA-qualifying leave, may not exceed 26 weeks during the single 12-month period. The single 12-month period begins on the first day an eligible employee takes leave to care for the injured servicemember.

A "covered servicemember" is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status or is on the temporary retired list, for a serious injury or illness. These individuals are referred to in this policy as "current members of the Armed Forces." Covered servicemembers also include a veteran who is discharged or released from military service under conditions other than dishonorable at any time during the five- (5-) year period preceding the date the eligible employee takes FMLA leave to care for the covered veteran, and who is who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. These individuals are referred to in this policy as "covered veterans."

The FMLA definitions of a "serious injury or illness" for current Armed Forces members and covered veterans are distinct from the FMLA definition of "serious health condition" applicable to FMLA leave to care for a covered family member.

C. Intermittent Leave and Reduced Leave Schedules

FMLA and/or VPFLA leave usually will be taken for a period of consecutive days, weeks, or months. However, employees also may be entitled to take leave intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member, or the serious injury or illness of a covered servicemember. Leave due to qualifying exigencies may also be taken on an intermittent or reduced schedule basis.

D. No Work While on Leave

The taking of another job while on FMLA/VPFLA or any other authorized leave of absence is grounds for immediate discharge, to the extent permitted by applicable law.

E. Protection of Group Health Insurance Benefits during Leave

During FMLA/VPFLA leave, eligible employees are entitled to receive group health plan coverage on the same terms and conditions as if they had continued to work.

F. Restoration of Employment and Benefits

At the end of FMLA leave, subject to some exceptions including situations where job restoration of "key employees" will cause the Company substantial and grievous economic injury, employees generally have a right to return to the same or equivalent positions with equivalent pay, benefits, and other employment terms. The Company will notify employees if they qualify as a "key employee," if it intends to deny reinstatement, and of their rights in such instances. A "key employee" is defined under the FMLA as the employee among the highest paid 10 percent of all employees who are employed within 75 miles of the worksite. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee's FMLA leave.

As with FMLA leave, at the end of VPFLA leave, subject to some exceptions including a variant of the FMLA "key employee" exception, employees generally have the right to return to the same or equivalent position with equivalent pay, benefits, and other terms. Under the VPFLA, reinstatement may be denied if the employee performed unique services and hiring a permanent replacement during the leave, after giving reasonable notice to the employee of the intent to do so, was the only alternative available to the Company to prevent substantial and grievous economic injury to the The Company's operation.

G. Notice of Eligibility for, and Designation of, FMLA and VPFLA Leave

Employees requesting FMLA leave are entitled to receive written notice from the Company telling them whether they are eligible for FMLA leave and, if not eligible, the reasons why they are not eligible. When eligible for FMLA leave, employees are entitled to receive written notice of:

Their rights and responsibilities in connection with such leave;
The Company's designation of leave as FMLA-qualifying or non-qualifying, and if not FMLA-qualifying, the reasons why; and
The amount of leave, if known, that will be counted against the employee's leave entitlement.

The Company may retroactively designate leave as FMLA and/or VPFLA leave with appropriate written notice to employees provided the Company's failure to designate leave as FMLA- or VPFLA-qualifying at an earlier date did not cause harm or injury to the employee. In all cases where leaves qualify for FMLA and/or VPFLA protection, the Company and employee can mutually agree that leave be retroactively designated as FMLA and/or VPFLA leave.

III. Employee FMLA and/or VPFLA Leave Obligations

A. Provide Notice of the Need for Leave

Employees who wish to take FMLA and/or VPFLA leave must timely notify the Company of their need for FMLA and/or VPFLA leave. The following describes the content and timing of such employee notices.

1. Content of Employee Notice

To trigger FMLA and/or VPFLA leave protections, employees must inform the Head of Human Resources of the need for FMLA/VPFLA-qualifying leave and the anticipated timing and duration of the leave, if known. Employees may do this by either requesting FMLA and/or VPFLA leave specifically or explaining the reasons for leave so as to allow the Company to determine that the leave is FMLA/VPFLA-qualifying. For example, employees might explain that:

A condition renders them unable to perform the functions of their job or that they are under the continuing care of a health care provider;
They are pregnant or have been hospitalized overnight;
A covered family member is under the continuing care of a health care provider or a condition renders the family member unable to perform daily activities;
The leave is due to a qualifying exigency caused by a military member being on covered active duty or called to covered active-duty status to a foreign country; or
A family member is a covered servicemember with a serious injury or illness (FMLA only).

"Calling in sick," without providing the reasons for the needed leave will not be considered sufficient notice for FMLA leave under this policy. Employees must respond to the Company's questions to determine if absences are potentially FMLA-qualifying.

If employees fail to explain the reasons for leave, the leave may be denied. When employees seek leave due to FMLA/VPFLA-qualifying reasons for which the Company has previously provided FMLA/VPFLA-protected leave, employees must specifically reference the qualifying reason for the leave or the need for FMLA and/or VPFLA leave.

2. Timing of Employee Notice

Employees must provide 30 days' advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days' notice is not possible, or the approximate timing of the need for leave is not foreseeable, employees must provide the Company notice of the need for leave as soon as practicable under the facts and circumstances of the particular case.

Employees who fail to give 30 days' notice for foreseeable leave without a reasonable excuse for the delay, or otherwise fail to satisfy FMLA notice obligations, may have leave delayed or denied, to the extent permitted by applicable law.

Employees requesting VPFLA leave must provide reasonable written notice of intent to take leave. In the case of adoption or birth of a child, the Company will not require that notice be given more than six (6) weeks prior to the anticipated commencement of leave. In the case of an unanticipated serious health condition, a miscarriage, an unanticipated need for safe leave, a premature birth, the death of a family member, or a short-notice qualifying exigency, the employee must provide notice of the commencement of the leave as soon as practicable. Employees also must provide reasonable notice to the Company of the need to extend leave. Employees may return from leave earlier than estimated upon approval of the Company.

B. Cooperate in the Scheduling of Planned Medical Treatment (Including Accepting Transfers to Alternative Positions) and Intermittent Leave or Reduced Leave Schedules

When planning medical treatment, employees must consult with the Company and make a reasonable effort to schedule treatment so as not to unduly disrupt the Company's operations, subject to the approval of the employee's health care provider. The employee must consult with the Company prior to the scheduling of treatment to work out a treatment schedule that best suits the needs of both the Company and the employee, subject to the approval of the employee's health care providers. If the employee providing notice of the need to take leave on an intermittent basis for planned medical treatment neglects to fulfill this obligation, the Company may require the employee to attempt to make such arrangements, subject to the approval of the employee's health care provider.

When employees take intermittent or reduced work schedule leave for foreseeable planned medical treatment for the employee or a family member, including during a period of recovery from a serious health condition or to care for a covered servicemember, the Company may temporarily transfer employees, during the period that the intermittent or reduced leave schedules are required, to alternative positions with equivalent pay and benefits for which the employees are qualified and which better accommodate recurring periods of leave, subject to applicable law.

When the employee seeks intermittent leave or a reduced leave schedule for reasons unrelated to the planning of medical treatment, upon request, the employee must advise the Company of the reason why such leave is medically necessary. In such instances, the Company and employee shall attempt to work out a leave schedule that meets the employee's needs without unduly disrupting the Company's operations, subject to the approval of the employee's health care provider.

C. Submit Medical Certifications Supporting Need for FMLA Leave (Unrelated to Requests for Military Family Leave)

Depending on the nature of leave sought, employees may be required to submit medical certifications supporting their need for FMLA-qualifying leave. As described below, there generally are three (3) types of medical certifications: an initial certification, a recertification, and a return to work/fitness for duty certification.

It is the employee's responsibility to provide the Company with timely, complete, and sufficient medical certifications. Whenever the Company requests employees to provide medical certifications, employees must provide the requested certifications within 15 calendar days after the Company's request, unless it is not practicable to do so despite the employee's diligent, good faith efforts. The Company will inform employees if submitted medical certifications are incomplete or insufficient and provide employees at least seven (7) calendar days to cure deficiencies. The Company will deny leave to employees who fail to timely cure deficiencies or otherwise fail to timely submit requested medical certifications.

With the employee's permission, subject to applicable law, the Company (through individuals other than the employee's direct manager) may contact the health care provider to authenticate or clarify completed and sufficient medical certifications. If the employee chooses not to provide the Company with authorization allowing it to clarify or authenticate the certification with the health care provider, the Company may deny leave if the medical certification is unclear.

Whenever the Company deems it appropriate to do so, it may waive its right to receive timely, complete, and/or sufficient medical certifications.

1. Initial Medical Certifications

Employees requesting leave because of their own, or a family member's serious health condition or to care for a covered servicemember must supply medical certification supporting the need for such leave from their health care provider or, if applicable, the health care provider of their covered family member or servicemember. If employees provide at least 30 days' notice of medical leave, they should submit the medical certification before leave begins. A new initial medical certification will be required on an annual basis for serious medical conditions lasting beyond a single leave year.

If the Company has reason to doubt initial medical certifications, it may require employees to obtain a second opinion at the Company's expense, subject to applicable law. If the opinions of the initial and second health care providers differ, the Company may, at its expense, require employees to obtain a third, final, and binding certification from a health care provider designated or approved jointly by the Company and the employee.

2. Medical Recertifications

Depending on the circumstances and duration of FMLA leave, subject to applicable law, the Company may require employees to provide recertification of medical conditions giving rise to the need for leave. The Company will notify employees if recertification is required and will give employees at least 15 calendar days to provide medical recertification.

3. Return to Work/Fitness for Duty Medical Certifications

Unless notified that providing such certifications is not necessary, where permitted by law, the employees returning to work from FMLA leave that was taken because of their own serious health conditions that made the employees unable to perform their job must provide the Company medical certification confirming the employee is able to return to work and the employee's ability to perform the essential functions of the employee's position, with or without reasonable accommodation. The Company may delay and/or deny job restoration until the employee provides a return to work/fitness for duty certification, subject to applicable law.

D. Submit Certifications Supporting Need for Military Family Leave

Upon request, the first time employees seek FMLA leave due to qualifying exigencies arising out of the covered active duty or call to covered active duty status of a military member, the Company may require employees to provide: 1) a copy of the military member's active duty orders or other documentation issued by the military indicating the military member is on covered active duty or call to covered active duty status and the dates of the military member's covered active duty service; and 2) a certification from the employee setting forth information concerning the nature of the qualifying exigency for which leave is requested. Employees shall provide a copy of new active-duty orders or other documentation issued by the military for leaves arising out of qualifying exigencies arising out of a different covered active duty or call to covered active-duty status of the same or a different military member.

When leave is taken to care for a covered servicemember with a serious injury or illness, the Company may require employees to obtain certifications completed by an authorized health care provider of the covered servicemember. In addition, and in accordance with the FMLA regulations, the Company may request that the certification submitted by employees set forth additional information provided by the employee and/or the covered servicemember confirming entitlement to such leave.

E. Submit Documentation Supporting Need for VPFLA Leave

Employees may be required to provide documentation supporting the need for leave. In the case of a serious health condition of the employee or a member of the employee's family, the Company may require certification from a health care provider to verify the condition and the amount and necessity for the leave requested. The Company also may require the employee to provide documentation of the need for safe leave from any one (1) of the following sources:

A court or a law enforcement or other government agency;
A domestic violence, sexual assault, or stalking assistance program;
A legal, clerical, medical, or other professional from whom the employee or the employee’s family member received counseling or other assistance concerning domestic violence, sexual assault, or stalking; or
A self-attestation by the employee describing the circumstances supporting the need for safe leave; no further corroboration shall be required unless otherwise mandated by law.

The Company may require the employee to provide documentation of the need for bereavement leave by providing any of the following forms of documentation:

A death certificate;
A published obituary; or
A written notice or verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious organization, or governmental agency.

The Company also may require the employee to provide documentation of the need for leave for a qualifying exigency as set forth in 29 C.F.R. § 825.309. The Company will not disclose any private medical information or information relating to a safe leave that the employer receives except to the extent the disclosure is permitted by law and:

Consented to by the employee in writing;
Required pursuant to a court order; or
Required pursuant to state or federal law.

If the leave is for a family member, the Company may request documentation identifying the qualifying family relationship.

F. Substitute Paid Leave for Unpaid FMLA and VPFLA Leave

Under the FMLA, employees must use any accrued paid time while taking unpaid FMLA leave. Under the VPFLA, employees may elect to use accrued paid time off. The substitution of paid time for unpaid FMLA and/or VPFLA leave time does not extend the length of FMLA and/or VPFLA leaves and the paid time will run concurrently with the employee's FMLA and/or VPFLA entitlement.

During the leave, employees may be eligible for compensation, such as temporary disability benefits, or worker’s compensation benefits. Any compensation or leave taken in connection with any other policy/plan shall run concurrently with any FMLA/VPFLA leave entitlement.

Upon written request, the Company will allow employees to use accrued paid time to supplement any paid disability benefits.

G. Pay Employee's Share of Health Insurance Premiums

During FMLA/VPFLA leave, employees are entitled to continued group health plan coverage under the same conditions as if they had continued to work. Unless the Company notifies employees of other arrangements, whenever employees are receiving pay from the Company during leave, the Company will deduct the employee portion of the group health plan premium from the employee's paycheck in the same manner as if the employee was actively working. If leave is unpaid, employees must pay their portion of the group health premium through a method determined by the Company upon leave.

The Company's obligation to maintain health care coverage ceases if the employee's premium payment is more than 30 days late. If the employee's payment is more than 15 days late, the Company will send a letter notifying the employees that coverage will be dropped on a specified date unless the co-payment is received before that date. If employees do not return to work within 30 calendar days at the end of the leave period (unless employees cannot return to work because of a serious health condition or other circumstances beyond their control), they will be required to reimburse the Company for the cost of the premiums the Company paid for maintaining coverage during their unpaid FMLA leave.

IV. Coordination of FMLA/VPFLA Leave with Other Leave Policies

The FMLA and VPFLA do not affect any federal, state, or local law prohibiting discrimination, or supersede any state or local law that provides greater family or medical leave rights. However, whenever permissible by law, the Company will run FMLA leave concurrently with VPFLA and any other leave provided under state or local law. For additional information concerning leave entitlements and obligations that might arise when FMLA/VPFLA leave is either not available or exhausted, employees should consult the Company's other leave policies in this handbook or contact the Head of Human Resources.

V. Questions and/or Complaints about FMLA/VPFLA Leave

If employees have questions regarding this FMLA/VPFLA policy, please contact the Head of Human Resources. The Company is committed to complying with the FMLA and, whenever necessary, shall interpret and apply this policy in a manner consistent with the FMLA/VPFLA.

The FMLA makes it unlawful for employers to: 1) interfere with, restrain, or deny the exercise of any right provided under FMLA; or 2) discharge or discriminate against any person for opposing any practice made unlawful by FMLA or involvement in any proceeding under or relating to FMLA. If employees believe their rights have been violated, they should contact the Head of Human Resources immediately. The Company will investigate any complaints and take prompt and appropriate remedial action to address and/or remedy any violation. Employees also may file FMLA complaints with the United States Department of Labor or may bring private lawsuits alleging FMLA violations.

Simpay Handbook

Last Published Date: 05/15/2026