Vermont FMLA Leave Periodic Status Report

State:
Multi-State
Control #:
US-265EM
Format:
Word; 
Rich Text
Instant download

Description

This form should be completed by an employee during a periodic inquiry by the employer as to whether an employee on FMLA Leave intends to return to

How to fill out FMLA Leave Periodic Status Report?

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FAQ

Intermittent leave can be tracked by recording the employee's work schedule and subtracting from it the number of hours they took for FMLA leave. If the employee was scheduled to work 7 hours and only worked 3 hours, then 4 hours of FMLA leave can be counted. Employers must track this information.

In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12

The Vermont law requires employers to provide unpaid leave. However, if the employer provides paid leave benefits such as paid vacation, personal, or sick time, the employee can use up to six weeks of earned paid leave as part of his or her parental, family, or short-term family leave.

The leave offered by the FMLA (or, for that matter, California's Fair Employment and Housing Act) does not have to be taken all at once. Intermittent FMLA is when an employee uses their 12 weeks of unpaid leave off and on. This is in contrast to continuous family medical leave or working a reduced work schedule.

Vermont's Family Leave Law, which includes Short-Term Family Leave, covers employers with 15 or more workers who work an average of 30 hours per week over the course of a year. A worker who has worked for a covered employer for an average of 30 hours a week for a year is entitled to leave under these laws.

The amount of FMLA leave taken is divided by the number of hours the employee would have worked if the employee had not taken leave of any kind (including FMLA leave) to determine the proportion of the FMLA workweek used.

FMLA leave is unpaid leave. However, workers may choose to, or employers may require them to, substitute accrued paid sick, vacation, or personal time for FMLA leave. Substitute means that the paid leave provided by the employer will run concurrently with the unpaid FMLA leave.

The Vermont law requires employers to provide unpaid leave. However, if the employer provides paid leave benefits such as paid vacation, personal, or sick time, the employee can use up to six weeks of earned paid leave as part of his or her parental, family, or short-term family leave.

Vermont employees have leave rights under both state and federal law. By Lisa Guerin, J.D. Like employers in every state, Vermont employers must follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for certain reasons.

Vermont's Family Leave Law, which includes Short-Term Family Leave, covers employers with 15 or more workers who work an average of 30 hours per week over the course of a year. A worker who has worked for a covered employer for an average of 30 hours a week for a year is entitled to leave under these laws.

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Vermont FMLA Leave Periodic Status Report