Vt. Stat. Ann. » Title 21 Chapter 17
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 21, § 1338 (2026)

✓ current as of May 2026
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Subchapter 001 : GENERAL BENEFITS

(Cite as: 21 V.S.A. § 1338)
Notes of Decisions
Cited in 7 cases, 1976–2018 · leading case: Grenafege v. Dep't of Emp. Sec., 357 A.2d 118 (Vt. 1976).
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Grenafege v. Dep't of Emp. Sec., 357 A.2d 118 (Vt. 1976). · cites it 2× “21 V.S.A. § 1338(c). This subsection makes no reference to subject employment, while the preceding subsection, § 1338(b), relating to qualification for benefits generally, specifies “at least twenty weeks of work at wages of at least $30.”
Skudlarek v. Dep't of Emp. & Training, 627 A.2d 340 (Vt. 1993). · cites it 2× “See 21 V.S.A. § 1338. There is no public policy reason to refuse to protect their part-time status and allow them income security in the form of unemployment compensation benefits when employers unilaterally attempt to change that status to full time.”
City of Burlington v. Dep't of Emp. & Training, 530 A.2d 573 (Vt. 1987). · cites it 2× “The threshold earnings requirement in 21 V.S.A. § 1338 of twenty weeks of employment at wages of at least $35 is the basic element of a valid claim for unemployment compensation, but it is not the only requirement of the Unemployment Compensation Law.”
Shufelt v. Dep't of Emp. & Training, 531 A.2d 894 (Vt. 1987). “5 The statute in question, 21 V.S.A. § 1338(b), has since been amended by the Legislature.”
Longariello v. Windham Sw. Supervisory Union, 679 A.2d 337 (Vt. 1996). “2 21 VS.A. § 1338(d)(2) requires that in addition to the wages paid in the highest calendar quarter of the employee’s base period, the employee must be paid in the base period additional wages equal to 40% or more of that amount.”
Skidmore v. Dep't of Labor, 172 A.3d 1210 (Vt. 2017). · cites it 2× “§ 1346 ; (3) is able to work or, if he or she is unable to work, has provided documentation that his or her inability to work is the product of an illness or disability; (4) has been totally or partially unemployed for a waiting period of a week prior to any week for which the…”
Jason Lillie v. Dep't of Labor, 194 A.3d 267 (Vt. 2018). “With his workers' compensation claim still in dispute, and based upon the information he had received from Economic Services, Lillie filed a claim for unemployment benefits with the Unemployment Insurance Division of the Department of Labor on December 1, 2014.”
— Vt. Stat. Ann. tit. 21, § 1338(b) — 1 case
Shufelt v. Dep't of Emp. & Training, 531 A.2d 894 (Vt. 1987). “5 The statute in question, 21 V.S.A. § 1338(b), has since been amended by the Legislature.”
— Vt. Stat. Ann. tit. 21, § 1338(c) — 1 case
Grenafege v. Dep't of Emp. Sec., 357 A.2d 118 (Vt. 1976). “21 V.S.A. § 1338(c). This subsection makes no reference to subject employment, while the preceding subsection, § 1338(b), relating to qualification for benefits generally, specifies “at least twenty weeks of work at wages of at least $30.”
— Vt. Stat. Ann. tit. 21, § 1338(d)(1)(C) — 1 case
Jason Lillie v. Dep't of Labor, 194 A.3d 267 (Vt. 2018). “With his workers' compensation claim still in dispute, and based upon the information he had received from Economic Services, Lillie filed a claim for unemployment benefits with the Unemployment Insurance Division of the Department of Labor on December 1, 2014.”
— Vt. Stat. Ann. tit. 21, § 1338(d)(2) — 1 case
Longariello v. Windham Sw. Supervisory Union, 679 A.2d 337 (Vt. 1996). “2 21 VS.A. § 1338(d)(2) requires that in addition to the wages paid in the highest calendar quarter of the employee’s base period, the employee must be paid in the base period additional wages equal to 40% or more of that amount.”
— Vt. Stat. Ann. tit. 21, § 1338(h) — 1 case
Skidmore v. Dep't of Labor, 172 A.3d 1210 (Vt. 2017). “§ 1346 ; (3) is able to work or, if he or she is unable to work, has provided documentation that his or her inability to work is the product of an illness or disability; (4) has been totally or partially unemployed for a waiting period of a week prior to any week for which the…”
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