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BILL AS INTRODUCED 2007-2008

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H.422

Introduced by   Representatives Brooks of Montpelier, French of Randolph, Larson of Burlington and Lenes of Shelburne

Referred to Committee on

Date:

Subject:  Labor; family leave; medical information

Statement of purpose:  This bill proposes to assure that a person’s medical information is confidential when the person uses family or parental leave.

AN ACT RELATING TO CONFIDENTIALITY OF MEDICAL INFORMATION AND PARENTAL AND FAMILY LEAVE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  21 V.S.A. § 472 is amended to read:

§ 472.  LEAVE

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(e)  An employee shall give reasonable written notice of intent to take leave under this subchapter.  Notice shall include the date the leave is expected to commence and the estimated duration of the leave.

(1)  In the case of the adoption or birth of a child, an employer shall not require that notice be given more than six weeks prior to the anticipated commencement of the leave.

(2)  In the case of serious illness of the employee or a member of the employee's family, an employer may require certification from a physician to verify the condition and the amount and necessity for the leave requested.  An employee shall not be required to provide more medical information than required by this subsection.  The employer may require, at the employer’s expense, that the employee obtain the opinion of a second health care provider, designated or approved by the employer.  In the event of a conflict between the certification from the first and second health care providers, the employer may require, at the employer’s expense, that the employee obtain an opinion from a third health care provider.  The opinion of the third medical provider shall be binding on the employer.  No health care provider who provides a second or third certification under this subsection shall be a family member of either the employee or the employer.  A certification under this section shall include only the following information:

(A)  The name of the employee or family member of the employee suffering from a serious illness.

(B)  The date on which the illness began.

(C)  The probable duration of the illness; the expected date of return to employment; or the time period during which the employee must care for the sick family member.

(D)  The determination that the employee is unable to perform functions of employment for that time period.

An employee may return from leave earlier than estimated upon approval of the employer.  An employee shall provide reasonable notice to the employer of his or her need to extend leave to the extent provided by this chapter.

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(i)  An employee may return from leave earlier than estimated upon approval of the employer.  An employee shall provide reasonable notice to the employer of his or her need to extend leave to the extent provided by this chapter.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us