An act relating to fair employment practices

The entire Section 309 (Flexible Working Arrangements) was removed. This section would have required employers to consider employee requests for flexible work arrangements (changes in hours, days, remote work, job-sharing) at least twice per calendar year and defined when a request could be denied as 'inconsistent with business operations.'

The prohibition on non-compete agreements with nonexempt employees (as defined under the federal Fair Labor Standards Act) was removed. The official version had labeled Section 495q as 'Agreements Not to Compete; Prohibition' and included a blanket ban on such agreements as 'presumptively coercive and a restraint on trade.' The unofficial version renames it 'Agreements with Health Care Providers' and contains only the health care provider-specific restrictions.

The specific self-attestation language requirement for crime victim status under subdivision (E)(iv) was removed. The official version required a person to write: 'I declare that the above statement is true and accurate to the best of my knowledge or belief. I understand that if the above statement is false, I will be subject to the penalty of perjury or other sanctions in the discretion of the court.' The unofficial version simply states no further corroboration is required unless mandated by law, without specifying any required attestation text.

A new 21 V.S.A. section 309 was added creating a flexible working arrangements right. Employees may request intermediate or long-term changes in working arrangements (days/hours, arrival/departure times, work from home, job-sharing) at least twice per calendar year. The definition explicitly excludes vacation, routine shift scheduling, and employee leave.

The bill title was expanded from 'An act relating to fair employment practices' to include both 'An act relating to flexible working arrangements' and 'An act relating to fair employment practices,' reflecting the new subject matter.

Employers are required to discuss flexible working arrangement requests with employees in good faith and must consider whether the request could be granted without being inconsistent with business operations or legal/contractual obligations. Both parties may propose alternative arrangements during the discussion.

The term 'inconsistent with business operations' is defined with eight specific factors: additional costs, detrimental effect on aggregate employee morale (unrelated to discrimination), inability to meet consumer demand, inability to reorganize work among existing staff, inability to recruit additional staff, detrimental impact on business quality or performance, insufficiency of work during proposed periods, and planned structural changes.

Metadata was added including sponsor (Senator Perchlik), committee referral (Econ. Dev., Hous), date (January 9, 2026), subject line, and a statement of purpose summarizing the bill's intent to require employers to grant flexible work requests not inconsistent with business operations.

The entire flexible working arrangements section (21 V.S.A. 309) was deleted. This had required employers to consider employee requests for changes in work hours, schedule, remote work, or job-sharing at least twice per calendar year and to discuss requests in good faith.

Added a definition of 'employee' in 21 V.S.A. 471: a person continuously employed by the same employer for one year at an average of at least 30 hours per week, or meeting specific service requirements for airline flight crew employees or full-time teachers.

Added definitions in 21 V.S.A. 495d for 'crime victim' (including persons with protection orders, victims identified in law enforcement affidavits along with certain family members, and survivors of domestic violence/sexual assault/stalking who can self-attest), 'domestic violence,' 'sexual assault,' and 'stalking.'

Added 21 V.S.A. 495g allowing institutions of higher education to retire employees serving under unlimited tenure contracts who reach age 70, with the option for the institution to allow continued employment on a nontenured basis.