Committee previews H.461 changes that expand unpaid family leave definitions and limit consecutive bereavement days

The House General and Housing Committee on May 7 discussed changes from the Senate to H.461, a bill that alters Vermont’s parental and family leave framework to include broader family relationships and additional unpaid leave purposes.

Sophie Sadatny of the Office of Legislative Counsel explained the Senate changes as a preview for the committee. “It expands the definition of family members to be more inclusive, particularly for nontraditional LGBTQ plus families,” Sadatny said, and she described other adjustments adopted in Senate Economic Development. The bill does not increase the total maximum amount of unpaid leave available; rather, it clarifies which relationships and reasons qualify for existing unpaid leave.

Key changes reviewed in the committee:

- Definitions and inclusivity: The bill broadens the statutory definition of “family member,” and retains an in loco parentis definition described as “a relationship in which an individual has day-to-day responsibilities to care for and support a child regardless of biological or legal ties.” The committee discussed removing a second sentence that had stated financial support is not required for in loco parentis, leaving the more traditional statutory definition instead.

- Safe leave and court leave: Language that would have moved attendance at protective-order hearings (for stalking and sexual assault) from the statutory court-leave provision into the safe-leave definition was reversed. Committee members said advocates asked that court-related time remain in the existing court-leave statute; that leave is not counted toward the 12 weeks of unpaid parental and family leave. As explained in committee, keeping court leave separate preserves flexibility for victims who must attend protective-order proceedings.

- Bereavement leave timing: The Senate version retains a two-week bereavement allowance but adds a limitation that no more than five workdays may be taken consecutively; the remaining allowable days may be used later for related activities such as estate settlement or court appearances. Committee members asked whether the five-day limit meant employees could use another block of up to five workdays later; Sadatny confirmed that nonconsecutive use is permissible.

- Flight crews and service calculations: The bill incorporates the service-eligibility language in 29 C.F.R. 825.801 that applies to aircrew members; that change is intended to accommodate federal rules that calculate flight crew hours differently for FMLA-type eligibility. Sadatny noted the change came at request of airline personnel and that the committee discussed whether other occupations have similar federal-hour limitations.

- Documentation and employer requests: The Senate changes add a sentence allowing an employer to request documentation identifying the qualified family relationship when leave is for a family member that is not an obvious close relation. The committee discussed how such documentation could be supplied (self-attestation, relationship forms, or other documentation) and noted the provision permits but does not require employers to ask for such documentation.

Committee members expressed broad support for H.461’s intent and the Senate revisions. Representative Bartley and others described the bill as both a family-support and workforce bill and said they expect ongoing committee and floor consideration. No formal committee vote on H.461 occurred at this meeting; members treated the session as a preliminary review, noting the text could arrive at the House in identical form or with further amendments from the Senate.

Ending: Staff told members the committee will put H.461 on the agenda when the chamber receives the Senate-amended text; if the House later concurs in Senate amendments procedurally, the bill would then proceed to the governor if the House votes to concur on the floor.