Vetoed by Governor Phil Scott

Vote Smart's Synopsis:

Vote to pass a bill that establishes a paid statewide family and medical leave program.

Highlights:

• Establishes the Parental and Family Leave Insurance Program (Sec. 3).

• Requires the Commissioner of Taxes to administer the collection of contribution, the determination of monetary eligibility for benefits, and the issuance of benefits checks for the program (Sec. 3).

• Requires the Commissioner of Labor to administer the receipt and processing of benefits applications, the determination of eligibility for benefits, the collection of overpaid benefits, and all other aspects of the program that are not administered by the Commissioner of Taxes (Sec. 3).

• Establishes the Parental and Family Leave Insurance Special Fund (Sec. 3).

• Authorizes the fund to be expended by the Commissioners of Labor and Taxes for the administration of the parental and Family Leave Insurance Program and payment of Parental and Family Leave Insurance benefits (Sec. 3).

• Requires the fund to consist of contributions equal to .93 percent of each employee’s covered wages of which one-half will be deducted and withheld by an employer from an employee’s wages and one-half to be paid by the employee’s employer (Sec. 3).

• Authorizes an employer to elect to pay all or a portion of the contribution due from an employee’s covered wages in lieu of deducting and withholding the full amount of the contributions stated in the previous point (Sec. 3).

• Requires a qualified employee to be permitted to receive a total of no more than 12 weeks of Parental and Family Leave Insurance benefits in a 12-month period for parental and family leave taken by the employee (Sec. 3).

• Requires a qualified employee awarded parental and Family Leave Insurance benefits to receive 100 percent of their average weekly wage or an amount equal to a 40-hour work week paid a rate double that of the livable wage (Sec. 3).

• Requires the employer of an employee who receives Parental and Family Leave Insurance benefits to reinstate the employee at the conclusion of his or her family leave or parental and bonding leave, provided the employee is not out of work for a continuous period in excess of 12 weeks (Sec. 3).

• Requires an employee to regain seniority and any unused accrued paid leave they were entitled to prior to the family leave or parental and bonding leave, less any accrued paid leave used during the family leave or parental and bonding leave (Sec. 3).

• Specifies that this provisions does not apply if (Sec. 3):

• The employee had been given notice, or had given notice, prior to the beginning of his or her leave;

• The employee’s position would have terminated of its own terms prior to any reinstatement they would otherwise be entitled to;

• The employee fails to inform the employer of; or

• Their interest in being reinstated at the conclusion of the leave; and

• The date on which their leave is anticipated to conclude.

• More than two years have elapsed since the conclusion of the employee’s leave.

• Authorizes a self-employed individual to elect to obtain coverage under the Parental and Family Leave Insurance Program for a period of three years by filing a notice of their election with the Commissioner of Taxes on a form provided by the Commission (Sec. 3).

• Requires a self-employed individual who elects to be covered by this bill to be eligible to file a claim for and receive Parental and Family Leave Insurance benefits it they have made contributions to the fund on the amount of wages required to be a qualified employee (Sec. 3).  

• Authorizes an individual who willfully makes a false statement or representation for the purpose of obtaining any benefit or payment or to avoid payment of any required contributions under the provisions of this subsection, either for themselves or for any other individual, after notice and opportunity for hearing, to be given an administrative penalty of not more than $20,000 and forfeit all or a portion of any right to benefits, as determined by to be appropriate by the Commissioner of Labor or of Taxes, after a determination by the Commissioner that the individual has willfully made a false statement or representation of a material fact (Sec. 3).

• Defines “Parental and family leave” as a leave of absence from employment by an employee for (Sec. 3):

• Their serious illness;

• A serious illness of the employee’s child, stepchild or ward who lives with the employee, foster child, parent, spouse, or parent of the employee’s spouse;

• The employee’s pregnancy;

• The birth of the employee’s child; or

• The initial placement of a child 16 years of age or younger with the employee for the purpose of adoption or foster care.

• Defines “serious illness” as an accident, disease, or physical or mental condition that (Sec. 3):

• Poses imminent danger of death;

• Requires inpatient care in a hospital; or

• Requires continuing in-home care under the direction of a physician.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a paid statewide family and medical leave program.

Highlights:

• Establishes the Parental and Family Leave Insurance Program (Sec. 3).

• Requires the Commissioner of Taxes to administer the collection of contribution, the determination of monetary eligibility for benefits, and the issuance of benefits checks for the program (Sec. 3).

• Requires the Commissioner of Labor to administer the receipt and processing of benefits applications, the determination of eligibility for benefits, the collection of overpaid benefits, and all other aspects of the program that are not administered by the Commissioner of Taxes (Sec. 3).

• Establishes the Parental and Family Leave Insurance Special Fund (Sec. 3).

• Authorizes the fund to be expended by the Commissioners of Labor and Taxes for the administration of the parental and Family Leave Insurance Program and payment of Parental and Family Leave Insurance benefits (Sec. 3).

• Requires the fund to consist of contributions equal to .93 percent of each employee’s covered wages of which one-half will be deducted and withheld by an employer from an employee’s wages and one-half to be paid by the employee’s employer (Sec. 3).

• Authorizes an employer to elect to pay all or a portion of the contribution due from an employee’s covered wages in lieu of deducting and withholding the full amount of the contributions stated in the previous point (Sec. 3).

• Requires a qualified employee to be permitted to receive a total of no more than 12 weeks of Parental and Family Leave Insurance benefits in a 12-month period for parental and family leave taken by the employee (Sec. 3).

• Requires a qualified employee awarded parental and Family Leave Insurance benefits to receive 100 percent of their average weekly wage or an amount equal to a 40-hour work week paid a rate double that of the livable wage (Sec. 3).

• Requires the employer of an employee who receives Parental and Family Leave Insurance benefits to reinstate the employee at the conclusion of his or her family leave or parental and bonding leave, provided the employee is not out of work for a continuous period in excess of 12 weeks (Sec. 3).

• Requires an employee to regain seniority and any unused accrued paid leave they were entitled to prior to the family leave or parental and bonding leave, less any accrued paid leave used during the family leave or parental and bonding leave (Sec. 3).

• Specifies that this provisions does not apply if (Sec. 3):

• The employee had been given notice, or had given notice, prior to the beginning of his or her leave;

• The employee’s position would have terminated of its own terms prior to any reinstatement they would otherwise be entitled to;

• The employee fails to inform the employer of; or

• Their interest in being reinstated at the conclusion of the leave; and

• The date on which their leave is anticipated to conclude.

• More than two years have elapsed since the conclusion of the employee’s leave.

• Authorizes a self-employed individual to elect to obtain coverage under the Parental and Family Leave Insurance Program for a period of three years by filing a notice of their election with the Commissioner of Taxes on a form provided by the Commission (Sec. 3).

• Requires a self-employed individual who elects to be covered by this bill to be eligible to file a claim for and receive Parental and Family Leave Insurance benefits it they have made contributions to the fund on the amount of wages required to be a qualified employee (Sec. 3).  

• Authorizes an individual who willfully makes a false statement or representation for the purpose of obtaining any benefit or payment or to avoid payment of any required contributions under the provisions of this subsection, either for themselves or for any other individual, after notice and opportunity for hearing, to be given an administrative penalty of not more than $20,000 and forfeit all or a portion of any right to benefits, as determined by to be appropriate by the Commissioner of Labor or of Taxes, after a determination by the Commissioner that the individual has willfully made a false statement or representation of a material fact (Sec. 3).

• Defines “Parental and family leave” as a leave of absence from employment by an employee for (Sec. 3):

• Their serious illness;

• A serious illness of the employee’s child, stepchild or ward who lives with the employee, foster child, parent, spouse, or parent of the employee’s spouse;

• The employee’s pregnancy;

• The birth of the employee’s child; or

• The initial placement of a child 16 years of age or younger with the employee for the purpose of adoption or foster care.

• Defines “serious illness” as an accident, disease, or physical or mental condition that (Sec. 3):

• Poses imminent danger of death;

• Requires inpatient care in a hospital; or

• Requires continuing in-home care under the direction of a physician.

Full Bill Text