Vermont § 496 - Legislative leave

§ 496. Legislative leave

• (a) Any employee who, in order to serve as a member of the General Assembly, must leave
  a full-time position in the employ of any employer, shall be entitled to a temporary
  or partial leave of absence for the purpose of allowing the employee to perform any
  official duty in connection with the employee’s elected office. The leave of absence
  shall not cause loss of job status, seniority, or the right to participate in insurance
  and other employee benefits during the leave of absence. (b) An employee who intends to seek election to the General Assembly and to invoke, if
  elected, the right to a leave of absence pursuant to subsection (a) of this section,
  shall notify the employee’s employer of those intentions in writing within 10 days
  after filing the primary election nominating petition required by 17 V.S.A. § 2353 or of taking any other action required by 17 V.S.A. chapter 49, to place the employee’s
  name on a primary or general election ballot. An employee who fails to give notice
  to the employee’s employer as required by this section shall be deemed to have waived
  the right to a leave of absence under subsection (a) of this section. (c) An employer who contends that granting the leave of absence required by subsection
  (a) of this section will cause unreasonable hardship for the employer’s business may
  appeal for relief by letter to the Chair of the State Labor Relations Board created
  by 3 V.S.A. § 921. The right to such appeal shall be waived unless it is filed within 14 days after
  receipt of the notice required by subsection (b) of this section. The appeal shall
  state the name of the employee and the reasons for the alleged unreasonable hardship.
  The remedy created by this subsection shall be the exclusive remedy for an employer
  who claims unreasonable hardship as a result of the application to the employer of
  subsection (a) of this section. (d) The Chair of the State Labor Relations Board, or any member of the Board designated
  by the Chair, shall serve as an arbitrator in any case appealed pursuant to subsection
  (c) of this section. The proceedings shall include an opportunity for the employee
  to respond, orally or in writing, to the allegations of unreasonable hardship raised
  by the employer, and shall be conducted in accord with the rules of practice of the
  State Labor Relations Board. Within 30 days after receipt of a notice of appeal, the
  arbitrator shall issue an order, which shall be binding on both parties, either granting
  or denying the employer’s claim of unreasonable hardship. If the employer’s claim
  is granted, the employee shall not be entitled to the protection of subsection (a)
  of this section. In reaching a decision, the arbitrator shall consider, but is not
  limited to, the following factors: (1) the length of time the employee has been employed by the employer; (2) the number of employees in the employer’s business; (3) the nature of the employer’s business; (4) the nature of the position held by the employee and the ease or difficulty and cost
  of temporarily filling the position during the leave of absence; and (5) any agreement entered into between the employee and employer as a condition of employment. (e) This section is not applicable if the employer employs five or fewer persons immediately
  prior to the first day of the leave of absence. (f) Any attorney, party, witness, or juror who, while a member of and during sessions
  of the General Assembly, is assigned or scheduled to appear in any court of the State
  of Vermont shall be entitled to a leave of absence or postponement from such judicial
  duties when the individual’s duties in the General Assembly are more compelling, for
  the purpose of allowing the member to perform any official duties in connection with
  the member’s elected office. The leave of absence or postponement shall not prejudice
  the member or the cause involved. (Added 1979, No. 162 (Adj. Sess.); amended 1981, No. 230 (Adj. Sess.); 2023, No. 85 (Adj. Sess.), § 109, eff. July 1, 2024.)