Bereavement Leave Requirements in Vermont

At a glance

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; a person to whom the employee stood in loco parentis when that person was under 18; anyone for whom the employee provides caregiving similar to a parent-child relationship; 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.

21 V.S.A. § 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 August 23, 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 August 23, 2026).
• 21 V.S.A. §§ 473-474 and 495b. Retaliation and enforcement. Retaliation, enforcement cross-reference, and remedies (accessed August 23, 2026).
• Vermont Department of Labor. Current Act 32 unpaid-leave FAQ (accessed August 23, 2026).