Vermont § 309 - Flexible working arrangements (a)(1) An employee may request a flexible working arrangement that meets the needs of the employer and employee. The employer shall consider a request using the procedures in subsections

Full text of Vermont Vermont Statutes Online § 309 — Flexible working arrangements (a)(1) An employee may request a flexible working arrangement that meets the needs of the employer and employee. The employer shall consider a request using the procedures in subsections, with citation guidance and answers to common questions.

§ 309. Flexible working arrangements (a)(1) An employee may request a flexible working arrangement that meets the needs of the employer and employee. The employer shall consider a request using the procedures in subsections

  • (b) and (c) of this section at least twice per calendar year. (2) As used in this section, “flexible working arrangement” means intermediate or long-term
    changes in the employee’s regular working arrangements, including changes in the number
    of days or hours worked, changes in the time the employee arrives at or departs from
    work, work from home, or job-sharing. “Flexible working arrangement” does not include
    vacation, routine scheduling of shifts, or another form of employee leave. (b)(1) The employer shall discuss the request for a flexible working arrangement with the
    employee in good faith. The employer and employee may propose alternative arrangements
    during the discussion. (2) The employer shall consider the employee’s request for a flexible working arrangement
    and whether the request could be granted in a manner that is not inconsistent with
    its business operations or its legal or contractual obligations. (3) As used in this section, “inconsistent with business operations” includes: (A) the burden on an employer of additional costs; (B) a detrimental effect on aggregate employee morale unrelated to discrimination or other
    unlawful employment practices; (C) a detrimental effect on the ability of an employer to meet consumer demand; (D) an inability to reorganize work among existing staff; (E) an inability to recruit additional staff; (F) a detrimental impact on business quality or business performance; (G) an insufficiency of work during the periods the employee proposes to work; and (H) planned structural changes to the business. (c) The employer shall notify the employee of the decision regarding the request. If the
    request was submitted in writing, the employer shall state any complete or partial
    denial of the request in writing. (d) This section shall not diminish any rights under this chapter or pursuant to a collective
    bargaining agreement. An employer may institute a flexible working arrangement policy
    that is more generous than is provided by this section. (e) The Attorney General, a State’s Attorney, or the Human Rights Commission in the case
    of State employees may enforce subsections (b) and (c) of this section by restraining
    prohibited acts, conducting civil investigations, and obtaining assurances of discontinuance
    in accordance with the procedures established in subsection 495b(a) of this title. An employer subject to a complaint shall have the rights and remedies specified
    in subsection 495b(a) of this title. An investigation against an employer shall not be a prerequisite for bringing an
    action. The Civil Division of the Superior Court may award injunctive relief and court
    costs in any action. There shall be no private right of action to enforce this section. (f) An employer shall not retaliate against an employee exercising his or her rights under
    this section. The provisions against retaliation in subdivision 495(a)(8) of this title and the penalty and enforcement provisions of section 495b of this title shall apply to this section. (g) Nothing in this section shall affect any legal rights an employer or employee may
    have under applicable law to create, terminate, or modify a flexible working arrangement. (Added 2013, No. 31, § 6, eff. Jan. 1, 2014.)

Source: official Vermont text · Last verified 2026-08-27

Frequently Asked Questions About Vermont § 309

What does Vermont Statutes Online § 309 cover?

Section 309 ("Flexible working arrangements (a)(1) An employee may request a flexible working arrangement that meets the needs of the employer and employee. The employer shall consider a request using the procedures in subsections") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 309?

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Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 309 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

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