Under the Vermont Parental and Family Leave Act, an employee does not continue earning paid leave during unpaid parental leave.

Vermont Human Rights Commission v. State of Vermont, (2011-081) (08-Jun-2012)(Burgess, J.)

Plaintiffs Vermont Human Rights Commission (HRC) and Ursula Stanley, an employee of the State Agency of Transportation, appeal the Washington Civil Division’s decision to grant the State’s motion to dismiss her complaint for failure to state a claim upon which relief can be granted.  Ms. Stanley complains that, under the Vermont Parental and Family Leave Act (VPFLA), 21 V.S.A. § 472(c), which requires continuation of certain “employment benefits” during family leave, she was entitled to accrue, but was denied, paid vacation and sick time during the course of an unpaid parental leave.  The trial court held that under § 472(c) an employee does not continue earning paid leave during unpaid parental leave. We affirm.