STAND. COM. REP. NO. 821

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1109

       H.D. 1

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Public Safety, Government Operations, and Military Affairs, to which was referred H.B. No. 1109, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO FAMILY LEAVE,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to allow an employee with a family member in the United States Armed Forces who is on active duty or notified of a call to active duty, to use family leave for certain activities that would qualify as an exigency under federal law.

 

     Your Committee received testimony in support of this measure from the State Department of Defense, Department of Labor and Industrial Relations, and Department of Human Resources Development.

 

     Under current law, employees are entitled to a total of four weeks of family leave during any calendar year upon the birth of a child of the employee, the adoption of a child, or to care for the employee's child, spouse or reciprocal beneficiary, or parent with a serious health condition.  Care for a family member who is in the military is not covered under the existing family leave law.

 

     Your Committee finds that an employee with a family

member in the United States Armed Forces who is on active duty or notified of a call to active duty, should be allowed to use family leave for certain activities for which an employee may take military family leave under federal law.  Hawaii has a rich tradition of cooperation and support of our service members.  Extending the ability to take family leave for a family member who is proudly serving in the defense of one's country is warranted inasmuch as many Hawaii employees are military reservists or national guardsmen.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying the reference to the federal Family and Medical Leave Act for accuracy; and

 

     (2)  Eliminating the provision for rulemaking as federal rules are in place.

 

     As affirmed by the record of votes of the members of your Committee on Public Safety, Government Operations, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1109, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1109, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Public Safety, Government Operations, and Military Affairs,

 

____________________________ WILL ESPERO, Chair