Committee hears testimony on bill expanding unpaid leave to include bereavement and safe leave

The General & Housing Committee heard testimony Wednesday from Johanna DeGraffneri, public policy manager for Vermont Businesses for Social Responsibility, in favor of legislation that would expand access to unpaid family and medical leave to include bereavement and “safe leave” for survivors of domestic violence, sexual assault, or stalking. DeGraffneri told the committee that although the bill as written provides unpaid leave, VBSR supports expanding paid family and medical leave in Vermont.

DeGraffneri said the bill is “a pragmatic step to equitably expanding paid family and medical leave,” and urged the committee to consider provisions that make coverage more inclusive of LGBTQIA employees and their families. She cited regional comparators, saying 12 states have expanded paid family and medical leave to include LGBTQIA individuals and families and that 19,000 Vermont employees identified as LGBTQIA in 2020, according to the Williams Institute at UCLA.

The witness also urged including miscarriage and safe-leave protections in Vermont’s leave policies, pointing to national data on the workplace impacts of intimate-partner violence and the benefits to employers from more comprehensive leave coverage. “Ensuring that this time is paid … is crucial to protecting Vermonters and protecting our businesses,” DeGraffneri said.

Committee members asked multiple operational questions, including whether insurance coverage continues during unpaid leave, employer-size thresholds, and whether the bill duplicates or changes existing federal protections. Committee members and staff referenced the federal Family and Medical Leave Act (FMLA) and noted that, under current federal law, continuation of health benefits during eligible FMLA leave is required for covered employers. Staff and members also raised COBRA and questioned how the state language interacts with existing federal programs.

A committee member sought clarity on whether the bill would require small employers to carry the cost of continued health coverage during unpaid leave. DeGraffneri responded that the bill protects job security and continuation of benefits consistent with current law and that expanding a pooled, state-funded paid program could better spread costs across employers, particularly helping small businesses. Members discussed different employer-size thresholds in federal and state law and said they would seek clarification from committee counsel on applicability to small employers.

The committee also asked whether disaster-related absences (for example, after a flood) would be covered by the leave language; staff said disaster relief for businesses and individuals typically comes through SBA, FEMA, or recovery loans rather than the state family/medical leave programs as currently written.

No vote was recorded. Members said they expected possible drafting changes and additional testimony, including lived-experience witnesses, before any committee vote. One member noted a fiscal note was not apparent in the meeting record. The committee flagged at least one policy question for staff counsel (Sophie) to research and indicated more time would be taken to review the bill text before advancing it.

If advanced as written, the bill would expand unpaid, job‑protected leave to cover bereavement and safe leave for survivors, update language to be inclusive of diverse family structures, and leave open the broader question of moving from unpaid to paid leave through a separate or subsequent policy process.