Bill Text: HI HB1343 | 2019 | Regular Session | Amended


Bill Title: Relating To Family Leave.

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Engrossed - Dead) 2019-04-24 - Conference Committee Meeting will reconvene on Thursday 04-25-19 10:00AM in conference room 423. [HB1343 Detail]

Download: Hawaii-2019-HB1343-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1343

THIRTIETH LEGISLATURE, 2019

H.D. 1

STATE OF HAWAII

S.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FAMILY LEAVE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that approximately sixty-three thousand children under age eighteen live in homes where householders are grandparents or other relatives.  Approximately forty-seven thousand of these children live with grandparents.  The legislature also finds that there is a growing number of grandparents raising grandchildren and who are primary caretakers of their grandchildren.  While Hawaii's family leave law allows employees to take family leave upon the birth of the employee's child, the employee's adoption of a child, or to care for the employee's child, spouse, reciprocal beneficiary, sibling, or a parent with a serious condition, family leave does not extend to care for employees' grandchildren.

     The purpose of this Act is to extend family leave in the State to include care for grandchildren.

     SECTION 2.  Section 398-3, Hawaii Revised Statutes, is amended to read as follows:

     "§398-3  Family leave requirement.  (a)  An employee shall be entitled to a total of [four]:

     (1)  Four weeks of family leave during any calendar year:

          [(1)] (A) Upon the birth of a child of the employee or the adoption of a child; or

          [(2)] (B) To care for the employee's child, spouse, reciprocal beneficiary, sibling, or parent with a serious health condition[.]; and

     (2)  One week of family leave during any calendar year to care for the employee's grandchild with a serious health condition.

     (b)  During each calendar year, the leave may be taken intermittently.

     (c)  Leave shall not be cumulative.

     (d)  If unpaid leave under this chapter conflicts with the unreduced compensation requirement for exempt employees under the federal Fair Labor Standards Act, an employer may require the employee to make up the leave within the same pay period.

     (e)  Nothing in this chapter shall entitle an employee to more than [a] the total [of four weeks] amount of leave provided for in subsection (a) in any twelve-month period."

     SECTION 3.  Section 398-4, Hawaii Revised Statutes, is amended to read as follows:

     "§398-4  Unpaid leave permitted; relationship to paid leave; sick leave.  (a)  [Pursuant to section 398-3, an employee shall be entitled to four weeks of family leave.]  The family leave provided for in section 398-3 shall consist of unpaid leave, paid leave, or a combination of paid and unpaid leave.  If an employer provides paid family leave for [fewer] less than [four weeks,] the total amount of leave provided for in section 398-3(a), the additional period of leave added to attain the [four-week] this total amount of leave may be unpaid.

     (b)  Except as otherwise provided in subsection (c), an employee may elect to substitute any of the employee's accrued paid leaves, including but not limited to vacation, personal, or family leave, for any part of the [four-week] period of unpaid leave provided for in subsection (a).

     (c)  An employer who provides sick leave for employees shall permit an employee to use the employee's accrued and available sick leave for purposes of this chapter; provided that an employee taking leave pursuant to section 398-3(a)(1) shall not use more than ten days per year for this purpose, unless an express provision of a valid collective bargaining agreement authorizes the use of more than ten days of sick leave for family leave purposes[.]; provided further than an employee taking leave pursuant to section 398-3(a)(2) shall not use more than seven days per year for this purpose, unless an express provision of a valid collective bargaining agreement authorizes the use of more than seven days of sick leave for family leave purposes.  Nothing in this section shall require an employer to diminish an employee's accrued and available sick leave below the amount required pursuant to section 392-41; provided that any sick leave in excess of the minimum statutory equivalent for temporary disability benefits as determined by the department may be used for purposes of this chapter."

     SECTION 4.  Section 398-5, Hawaii Revised Statutes, is amended to read as follows:

     "§398-5  Notice.  In any case in which the necessity for family leave for purposes of birth or adoption of a child or providing care to a child, spouse, reciprocal beneficiary, sibling, grandchild, or parent is foreseeable, the employee shall provide the employer with prior notice of the expected birth or adoption or serious health condition in a manner that is reasonable and practicable.  Requests for family leave shall include evidence that the employee has submitted the request and provided required data in accordance with section 398-9.5."

     SECTION 5.  Section 398-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  When leave is to care for a child, spouse, reciprocal beneficiary, sibling, grandchild, or parent who has a serious health condition, certification shall be issued by the health care provider of the individual requiring care.  Certification shall be considered sufficient if it provides information as required by the director."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2050.



 

Report Title:

Family Leave; Grandchildren; Child Care

 

Description:

Provides grandparents with 1 week of family leave to care for a grandchild with a serious health condition.  Effective 7/1/2050.  (SD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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