Bill Text: HI SB1046 | 2019 | Regular Session | Amended


Bill Title: Relating To Domestic Violence.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Engrossed) 2019-03-22 - Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan, Yamane excused (2). [SB1046 Detail]

Download: Hawaii-2019-SB1046-Amended.html

THE SENATE

S.B. NO.

1046

THIRTIETH LEGISLATURE, 2019

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO DOMESTIC VIOLENCE.

 

 

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

 


     SECTION 1.  The legislature finds that victims of domestic violence often need to take leave from their employment to attend to various health or legal matters and that addressing such matters should not pose a risk to their personal health and well-being, financial security, or safety due to a fear of adverse consequences from their employers.  Although state law currently requires that employers allow victim leave for victims of domestic or sexual violence, victim employees are required to exhaust all other paid and unpaid leave accrued for the calendar year before victim leave may be applied.  Thus, an employee must exhaust all sick leave in order to seek safety or medical attention for themselves or their minor child or to take legal action against an abuser, leaving little to no sick leave available for the rest of the calendar year.

     The purpose of this Act is to amend the Hawaii family leave law to allow an employee to take family leave, separate from victim leave, related to domestic or sexual violence against the employee or the employee's minor child.

     SECTION 2.  Section 398-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  An employee shall be entitled to a total of four weeks of family leave during any calendar year:

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

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

     (3)  To seek safety, medical attention, or victim services related to domestic or sexual violence against the employee or the employee's minor child.  Family leave taken related to domestic or sexual violence against the employee or the employee's minor child shall be made available to the employee in addition to victim leave under section 378-72 and shall be treated the same as family leave taken for the other purposes permitted under this section for purposes of calculating accrued benefits under this chapter."

     SECTION 3.  Section 398-6, Hawaii Revised Statutes, is amended to read as follows:

     "§398-6  Certification.  (a)  An employer may require that a claim for family leave be supported by written certification.

     (b)  For the birth of a child, certification shall be issued by a health care provider or the family court.  For the placement of a child for adoption with the employee, certification shall be issued by a recognized adoption agency, the attorney handling the adoption, or by the individual officially designated by the birth parent to select and approve the adoptive family.

     (c)  When leave is to care for a child, spouse, reciprocal beneficiary, sibling, 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.

     (d)  When leave is to seek safety, medical attention, or victim services related to domestic or sexual violence against the employee or the employee's minor child, certification shall be provided by one of the following methods:

     (1)  The following documents:

          (A)  A certificate issued by a health care provider or other professional from whom the employee or the employee's minor child has sought assistance related to the domestic or sexual violence against the employee or the employee's minor child; and

          (B)  A signed written statement from:

              (i)  An employee, agent, or volunteer of a victim services organization; or

             (ii)  The employee's or the employee's minor child's attorney or advocate; or

     (2)  A police or court record related to the domestic or sexual violence.

     (e)  All information provided to the employer under subsection (d), including statements of the employee, or any other documentation, record, or corroborating evidence, and the fact that the employee or employee's minor child has been a victim of domestic or sexual violence or that the employee has requested leave pursuant to section 398-3 related to domestic or sexual violence against the employee or the employee's minor child, shall be maintained in the strictest confidence by the employer, and shall not be disclosed, except to the extent that disclosure is:

     (1)  Requested or consented to by the employee;

     (2)  Ordered by a court or administrative agency; or

     (3)  Otherwise required by applicable federal or state law."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on January 1, 2050.



 

Report Title:

Family Leave; Domestic Violence; Sexual Violence

 

Description:

Allows an employee to take family leave in addition to victim leave for leave to seek safety, medical attention, or victim services related to domestic or sexual violence against the employee or the employee's minor child.  Requires the employee to submit certification and employer confidentiality of information except under certain conditions.  (SB1046 HD1)

 

 

 

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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