Vermont: Bereavement Leave Requirements

Requirements one by one

Vermont provides an unpaid bereavement use inside a shared leave bank

Under 21 V.S.A. § 472(a)(1)-(2), Vermont's Parental and Family Leave Act gives
an eligible employee up to two weeks of bereavement leave in any 12-month
period. The two weeks come out of the same 12-week unpaid bank used for the
Act's other long-term leave reasons. It is not an additional two weeks on top
of that bank.

No more than five workdays may be taken consecutively. The Department of Labor
describes the maximum as 10 workdays, so a worker taking the full amount must
split it into at least two blocks.

Coverage turns on employer size and the employee's service

For bereavement leave, 21 V.S.A. § 471(4) covers an employer with at least 10
employees who average at least 30 hours per week during a year. The employee
generally must have worked continuously for the same employer for one year,
averaging at least 30 hours per week.

The employee definition also imports federal service tests for airline flight
crews. Effective June 18, 2026, Act 177 added the federal test for full-time
teachers at elementary and secondary school systems and institutions of higher
education. The Legislature's compiled § 471 page has not yet folded in that
2026 amendment, so the enacted Act 177 text controls that point.

Covered leave includes the death and estate work

Under 21 V.S.A. § 471(1), a covered absence may be due to a statutory family
member's death. The definition also expressly includes administration or
settlement of that person's estate. All bereavement use, including estate work,
must occur no more than one year after the death.

The family definition includes children without an age cutoff; parents and
parent-equivalent relationships; a spouse, civil-union partner, or domestic
partner; and grandparents, grandchildren, and siblings of the employee or the
employee's spouse or partner. It recognizes biological, adoptive, foster, step,
legal-ward, and in-loco-parentis relationships where the statute specifies
them.

The statutory allotment is unpaid, but accrued pay may run with it

Section 472(a)(1) identifies the underlying leave as unpaid. The employee may
choose to use accrued sick leave, vacation, other accrued paid leave, or
short-term disability insurance during the absence. The employer does not gain
the choice to force one of those banks under this paragraph, and using paid
time does not extend the statutory maximum.

Under 21 V.S.A. § 472(c), employment benefits continue at the level and on the
conditions that would apply if the employee kept working. The employer may
require the employee's ordinary contribution.

Notice is flexible when the death is unanticipated

The general rule is reasonable written notice stating when leave is expected
to start and how long it is expected to last. For an unanticipated death, the
employee must give notice as soon as practicable rather than before an event
that could not reasonably be predicted.

An employer may require proof. The statute lets the employee supply a death
certificate, a published obituary, or written notice or verification of the
death, burial, or memorial service from one of the listed funeral, religious,
or governmental sources. The proof paragraph does not state a separate rule
making bereavement documents confidential.

Restoration, retaliation, and civil relief apply

On return, § 472(f) requires the same or a comparable job with the same level of
compensation, benefits, seniority, and other employment terms. The Act contains
narrow exceptions when the job would have ended for reasons unrelated to the
leave or a permanent replacement was the only alternative for an employee who
performed unique services; the employer bears the statutory proof burden.

Section 473 prohibits discharge or other retaliation for exercising or trying
to exercise rights under the subchapter. Under 21 V.S.A. § 474(a), § 495b's
public and private enforcement routes apply. Section 21 V.S.A. § 495b(a) lets
the Attorney General or a State's Attorney enforce the law; subsection (b) allows an
aggrieved person to sue in Superior Court for compensatory and punitive damages
or equitable relief, including wage or benefit restitution, reinstatement,
costs, attorney's fees, and other appropriate relief.

What trips people up

Two weeks is an annual bereavement cap inside the 12-week bank. It is not
two weeks per death and does not sit on top of the Act's combined leave limit.

Five consecutive days is not the total maximum. A qualifying employee may
use up to 10 workdays, but no more than five may be consecutive.

Estate administration is covered, but the clock still runs from death. A
probate or settlement task more than one year later falls outside the statutory
bereavement definition.

Job protection does not make the allotment paid. Pay exists only when an
employee elects an available accrued paid bank, disability benefit, or a more
generous employer policy.

Common questions

Can Vermont bereavement leave be used for probate or estate tasks?

Yes. Section 471 expressly includes administration or settlement of the
deceased family member's estate, provided the leave occurs within one year
after the death.

Must the 10 workdays be consecutive?

No. In fact, the statute permits no more than five workdays consecutively, so
the full two weeks must be divided.

Can the employer demand a death certificate?

The employer may require documentation, but a death certificate is not the
only option. A published obituary or qualifying written funeral, burial,
memorial, religious, or governmental verification may also be used.

Is Vermont bereavement leave paid?

The statutory allotment is unpaid. The employee may elect to use available
accrued sick leave, vacation, other accrued paid leave, or short-term disability
insurance at the same time.

Statutes and sources

• 21 V.S.A. §§ 471-472. Definitions, coverage, amount, timing, pay,
  benefits, notice, documentation, and restoration. Definitions
  and leave
  (accessed July 15, 2026).
• 2026 Act 177 (S.313). Current amendment adding the federal full-time-
  teacher service test to § 471(5), effective June 18, 2026. Official enacted
  act
  (accessed July 15, 2026).
• 21 V.S.A. §§ 473-474 and 495b. Retaliation and enforcement. Retaliation,
  enforcement cross-reference,
  and remedies
  (accessed July 15, 2026).
• Vermont Department of Labor. Current Act 32 unpaid-leave
  FAQ
  (accessed July 15, 2026).