Catherine Davis / LCRCC 802-863-348960 Main Street, Burlington, VT 05401

March 31, 2015

Vermont State House115 State StreetMontpelier, VT 05633

Dear Senator,

The Senate will likely consider S. 133, An Act Relating to Employee's Use of Benefits, thismorning. We are writing to express serious concerns with the bill and respectfully request thatyou vote against it.

The bill could have a broad, unintended impact on every employer in Vermont that offersemployee benefits. S. 133 would prohibit an employer from discharging or in any way penalizingan employee for actions connected with that employees use of benefits. Employers choose toprovide employees many types of benefits, from health insurance to parking to productdiscounts. This legislation elevates receipt and use of all these benefits to the kind of protectedclass status heretofore reserved for race, gender, age or disability. As an example, if an employeeuses a benefit such as vacation time and is subsequently terminated for reasons unrelated to theiruse of vacation time, the mere use of that benefit would create an issue of fact as to whether theemployee had been terminated due to performance problems or terminated because she took avacation. If enacted, the provision could serve as a disincentive for employers to provide benefitsto employees because it would not only preclude the employer from taking disciplinary actionwhen appropriate, but it would also increase the employers exposure to future litigation.

Employers offer benefits in order to attract and retain good employees. We are concerned thatthis bill will discourage employers from offering a full complement of benefits or willpenalize employers for doing so. We appreciate your attention to our concerns and ask thatyou vote against S.133.

Sincerely,

Vermont Retail & Grocers AssociationLake Champlain Regional Chamber of CommerceVermont Chamber of CommerceAssociated Industries of VermontGreen Mountain Dairy FarmersGreater Burlington Industrial Corporation (GBIC)Associated General Contractors of VermontNational Federation of Independent Business/VTVermont Independent Electrical Contractors AssociationVermont Vehicle & Automotive Distributors AssociationVermont Fuel Dealers AssociationVermont Ski Areas AssociationUnited Dairy FarmersVermont Groundwater Association