Bill Text: HI HB341 | 2011 | Regular Session | Amended
Bill Title: Employee Benefits; Employment Practices; Sick Leave
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-04-07 - (S) The committee on JDL deferred the measure. [HB341 Detail]
Download: Hawaii-2011-HB341-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
341 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 3 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMPLOYMENT PRACTICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 378-32, Hawaii Revised Statutes, is amended to read as follows:
"§378-32 Unlawful suspension, discharge, or discrimination. (a) It shall be unlawful for any employer to suspend, discharge, or discriminate against any of the employer's employees:
(1) Solely because the employer was summoned as a garnishee in a cause where the employee is the debtor or because the employee has filed a petition in proceedings for a wage earner plan under Chapter XIII of the Bankruptcy Act; or
(2) Solely because the employee has suffered a work injury which arose out of and in the course of the employee's employment with the employer and which is compensable under chapter 386 unless the employee is no longer capable of performing the employee's work as a result of the work injury and the employer has no other available work which the employee is capable of performing. Any employee who is discharged because of the work injury shall be given first preference of reemployment by the employer in any position which the employee is capable of performing and which becomes available after the discharge and during the period thereafter until the employee secures new employment. This paragraph shall not apply to any employer in whose employment there are less than three employees at the time of the work injury or who is a party to a collective bargaining agreement which prevents the continued employment or reemployment of the injured employee;
(3) Because the employee testified or was subpoenaed to testify in a proceeding under this part; or
(4) Because an employee tested positive for the presence of drugs, alcohol, or the metabolites of drugs in a substance abuse on-site screening test conducted in accordance with section 329B-5.5; provided that this provision shall not apply to an employee who fails or refuses to report to a laboratory for a substance abuse test pursuant to section 329B-5.5.
(b) It shall be an unlawful practice for an employer with 100 or fewer employees or a labor organization to bar or discharge from employment, withhold pay from, or demote an employee because the employee uses accrued and available sick leave; provided that, after an employee uses three or more consecutive days of sick leave, an employer or labor organization may require the employee to provide written verification from a physician indicating that the employee was ill when the sick leave was used."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2030.
Report Title:
Employee Benefits; Employment Practices; Sick Leave
Description:
Makes it unlawful for an employer with 100 or less employees or a labor organization to bar or discharge from employment, withhold pay from, or demote an employee because the employee uses accrued and available sick leave. Allows an employer or labor organization to require written verification by a physician that the employee was ill in cases where an employee uses three or more consecutive days of sick leave. Effective July 1, 2030. (HB341 HD3)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
