Conditions for Employment

V.S.A. tit. 21, ch. 5, subch. 1

in effect

21 V.S.A. § 301 Medical examination, expense

301. Medical examination, expense It shall be unlawful for any employer, as defined in section 302 of this title, to require any employee or applicant for employment to pay the cost of a medical examination as a condition of employment.

21 V.S.A. § 302 Definitions

302. Definitions As used in this subchapter: (1) “Employer” means any individual, organization, or governmental body, including any partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within this State, and any agent of the employer, that has one or more individuals performing services for it within this State. (2) “Employee” means every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services. Amended 2007, No. 144 (Adj. Sess.), § 1; 2023, No. 85 (Adj. Sess.), § 76, eff. July 1, 2024.

21 V.S.A. § 303 Penalty; judicial bureau

303. Penalty; judicial bureau Any employer who violates the provisions of this subchapter shall be assessed a civil penalty of not more than $100.00 for each and every violation. Amended 2007, No. 144 (Adj. Sess.), § 3.

21 V.S.A. § 304 Employment conditions

304. Employment conditions An employer shall provide an employee with reasonable opportunities during work periods to eat and to use toilet facilities in order to protect the health and hygiene of the employee. Added 1997, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 1999.

21 V.S.A. § 305 Nursing mothers in the workplace

305. Nursing mothers in the workplace (a) For an employee who is a nursing mother, the employer shall for three years after the birth of a child: (1) Provide reasonable time, either compensated or uncompensated, throughout the day to express breast milk for her nursing child. The decision to provide compensated time shall be in the sole discretion of the employer, unless modified by a collective bargaining agreement. (2) Make a reasonable accommodation to provide appropriate private space that is not a bathroom stall. (b) An employer may be exempted from the provisions of subsection (a) of this section if providing time or an appropriate private space for expressing breast milk would substantially disrupt the employer’s operations. (c) An employer shall not retaliate or discriminate against an employee who exercises or attempts to exercise the rights provided 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. (d) In lieu of an enforcement action through the Vermont Judicial Bureau, the Attorney General or a State’s Attorney may enforce the provisions of this section by bringing a civil action for temporary or permanent injunctive relief, economic damages, including prospective lost wages for a period not to exceed one year, and investigative and court costs. The Attorney General or a State’s Attorney may conduct an investigation of an alleged violation and enter into a settlement agreement with the employer. Such investigation shall not be a prerequisite to bringing a court action. Added 2007, No. 144 (Adj. Sess.), § 2; amended 2013, No. 31, § 4; 2017, No. 74, § 32.

21 V.S.A. § 306 Public policy of the State of Vermont; employment separation agreements

306. Public policy of the State of Vermont; employment separation agreements In support of the State’s fundamental interest in protecting the safety of minors and vulnerable adults, as defined in 33 V.S.A. § 6902, it is the policy of the State that no confidential employment separation agreement shall inhibit the disclosure to prospective employers and responsible licensing entities of factual information about a prospective employee’s background that would lead a reasonable person to conclude that the prospective employee has engaged in conduct jeopardizing the safety of a minor or vulnerable adult. Any provision in an agreement entered into on or after June 3, 2010 that attempts to do so is void and unenforceable. Added 2009, No. 157 (Adj. Sess.), § 17, eff. June 3, 2010; amended 2018, No. 5 (Sp. Sess.), § 4, eff. June 19, 2018; 2023, No. 85 (Adj. Sess.), § 77, eff. July 1, 2024.

21 V.S.A. § 309 Flexible working arrangements

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 subsection. (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; 2025, No. 91 (Adj. Sess.), § 107, eff. April 30, 2026.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/21/005Fetched: 10/21/2026