Bill Text: HI SB129 | 2015 | Regular Session | Introduced
Bill Title: Labor; Sick Leave; Service Workers
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2015-03-23 - This measure has been deleted from the meeting scheduled on Tuesday 03-24-15 9:45AM in conference room 309. [SB129 Detail]
Download: Hawaii-2015-SB129-Introduced.html
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THE SENATE |
S.B. NO. |
129 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LABOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 387, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§387- Paid sick leave; service workers. (a) As used in this section:
"Child" means a:
(1) Biological, adopted, foster, or step-child of a service worker;
(2) Legal ward of a service worker; or
(3) A child of a service worker who stands in loco parentis to the child who is:
(A) Under eighteen years of age; or
(B) Eighteen years of age or older and incapable of self-care because of a mental or physical disability.
"Day or temporary worker" means an individual who performs work for another, whether the individual is paid by the person for whom work is performed or by an employment agency, as defined in section 373-1, who works:
(1) On a per diem basis; or
(2) As an occasional or irregular basis for only the time required to complete such work.
"Employer" shall have the same meaning as in section 387-1, but shall refer to employers who employ fifty or more individuals in the State in any one quarter in the previous year, which shall be determined on January 1, annually. The term "employer" excludes:
(1) Any business establishment classified in sector 31, 32 or 33 in the North American Industrial Classification System; or
(2) Any nationally chartered organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code as amended, that provides all of the following services: recreation, child care, and education.
"Family violence" shall have the same meaning as in section 571-2.
"Retaliatory personnel action" means any termination, suspension, constructive discharge, demotion, unfavorable reassignment, refusal to promote, disciplinary action, or other adverse employment action taken by an employer against an employee or a service worker.
"Service worker" means an employee, excluding day or temporary workers, who is paid on an hourly basis, or is not exempt from the minimum wage and overtime compensation requirements of the Fair Labor Standards Act of 1938 and the regulations promulgated thereunder, as amended from time to time, and who is primarily engaged in an occupation with one of the following broad or detailed occupation code numbers and titles, as defined by the federal Bureau of Labor Statistics Standard Occupational Classification system, as amended, or any successor system: 11-9050 food service managers; 11-9110 medical and health services managers; 21-1020 social workers; 21-1093 social and human service assistants; 21-1094 community health workers; 21-1099 community and social service specialists, and all others within the same occupational code; 25-4020 librarians; 29-1050 pharmacists; 29-1070 physician assistants; 29-1120 therapists; 29-1140 registered nurses; 29‑1150 nurse anesthetists; 29-1160 nurse midwives; 29-1170 nurse practitioners; 29-2020 dental hygienists; 29-2040 emergency medical technicians and paramedics; 29-2050 health practitioner support technologists and technicians; 29-2060 licensed practical and licensed vocational nurses; 31-1011 home health aides; 31-1012 nursing aides, orderlies, and attendants; 31-1013 psychiatric aides; 31-9091 dental assistants; 31-9092 medical assistants; 33-9032 security guards; 33-9091 crossing guards; 35-1010 supervisors of food preparation and serving workers; 35‑2010 cooks; 35-2020 food preparation workers; 35‑3010 bartenders; 35-3020 fast food and counter workers; 35‑3030 waiters and waitresses; 35-3040 food servers, non-restaurant; 35-9010 dining room and cafeteria attendants and bartender helpers; 35-9020 dishwashers; 35-9030 hosts and hostesses, restaurant, lounge and coffee shop; 35-9090 miscellaneous food preparation and serving related workers; 37‑2011 janitors and cleaners, including maids and housekeeping cleaners; 37-2019 building cleaning workers and all others within that occupational code; 39-3030 ushers, lobby attendants, and ticket takers; 39-5010 barbers, hairdressers, hairstylists, and cosmetologists; 39-6010 baggage porters, bellhops, and concierges; 39-9010 child care workers; 39-9021 personal care aides; 41-1010 first-line supervisors of sales workers; 41-2011 cashiers; 41-2021 counter and rental clerks; 41-2030 retail salespersons; 43-3070 tellers; 43-4080 hotel, motel, and resort desk clerks; 43-4170 receptionists and information clerks; 43‑5020 couriers and messengers; 43-6010 secretaries and administrative assistants; 43-9010 computer operators; 43-9020 data entry and information processing workers; 43-9030 desktop publishers; 43-9040 insurance claims and policy processing clerks; 43-9050 mail clerks and mail machine operators, except United States Postal Service; 43-9060 office clerks, general; 43-9070 office machine operators, except computer; 43-9080 proofreaders and copy markers; 43-9110 statistical assistants; 43-9190 miscellaneous office and administrative support workers; 51-3010 bakers; 51-3020 butchers and other meat, poultry, and fish processing workers; 51-3090 miscellaneous food processing workers; 53-3010 ambulance drivers and attendants, except emergency medical technicians; 53-3020 bus drivers; and 53-3040 taxi drivers and chauffeurs.
"Sexual assault" means any sexual offense under part V of chapter 707.
"Spouse" means a person who is lawfully married to another person under the laws of the State or is in a civil union.
(b) An employer shall provide paid sick leave annually to each of the employer's service workers. The paid sick leave shall accrue as follows:
(1) Beginning January 1, 2015, or the date thereafter on which the service worker commences employment;
(2) At a rate of one hour of paid sick leave for each forty hours worked; and
(3) In one-hour increments up to a maximum of forty hours per calendar year.
A service worker shall be entitled to carry over up to forty unused accrued hours of paid sick leave from the current calendar year to the following calendar year, but no service worker shall be entitled to use more than hours of accrued sick leave in any calendar year.
(c) A service worker shall be entitled to the use of accrued paid sick leave, as follows:
(1) If the service worker was hired prior to January 1, 2015, upon the completion of the six-hundred-eightieth hour of employment from January 1, 2015; or
(2) If the service worker was hired after January 1, 2015, upon the completion of the service worker's six‑hundred-eightieth hour of employment from the date of hire, unless the employer agrees to an earlier date.
A service worker shall not be entitled to the use of accrued paid sick leave if the service worker did not work an average of ten or more hours a week for the employer in the most recent complete calendar quarter.
(d) An employer shall be deemed to be in compliance with this section if the employer offers any other paid leave, or combination of other paid leave, that:
(1) May be used for the purposes of subsection (g); and
(2) Is accrued in total at a rate equal to or greater than the rate described in subsections (b) and (c).
For the purposes of this subsection, "other paid leave" may include paid vacation, personal days, or paid time off.
(e) An employer shall pay each service worker for paid sick leave at a pay rate equal to the greater of either the normal hourly wage for that service worker, or the minimum fair wage under section 387-2 for the pay period during which the employee used paid sick leave. For any service worker whose hourly wage varies depending on the work performed by the service worker, the "normal hourly wage" shall mean the average hourly wage of the service worker in the pay period prior to the one in which the service worker used paid sick leave.
(f) Upon the mutual consent of the service worker and employer, a service worker who chooses to work additional hours or shifts during the same or following pay period, in lieu of hours or shifts missed, shall not use accrued paid sick leave.
(g) An employer shall permit a service worker to use the paid sick leave accrued under this section for the following purposes:
(1) For a service worker's:
(A) Illness, injury, or health condition;
(B) The medical diagnosis, care, or treatment of a mental illness or physical illness, injury, or health condition; or
(C) Preventative medical care; or
(2) For a service worker's child's or spouse's:
(A) Illness, injury, or health condition;
(B) The medical diagnosis, care, or treatment of a mental illness or physical illness, injury, or health condition; or
(C) Preventative medical care.
(h) If a service worker is a victim of family violence or sexual assault, an employer shall permit a service worker to use the paid sick leave accrued under this section for the following purposes:
(1) For medical care or psychological or other counseling for physical or psychological injury or disability;
(2) To obtain services from a victim services organization;
(3) To relocate due to the family violence or sexual assault; or
(4) To participate in any civil or criminal proceedings related to or resulting from the family violence or sexual assault.
(i) If a service worker's need to use paid sick leave is foreseeable, an employer may require advance notice, not to exceed seven days prior to the date the leave is to begin, of the intention to use the leave.
If a service worker's need for paid sick leave is not foreseeable, an employer may require a service worker to give notice of the intention as soon as practicable.
For paid sick leave of three or more consecutive days, an employer may require reasonable documentation that the leave is being taken for a purpose permitted under this section. The documentation shall be considered reasonable if:
(1) The documentation for purposes of subsection (g) is signed by a health care provider, as defined in section 386-1, who is treating the service worker or the service worker's child or spouse indicating the need for the number of days of the leave; or
(2) The documentation for purposes of subsection (h) consists of a court record or documentation signed by a service worker or volunteer working for a victim services organization, an attorney, a police officer, or counselor involved with the service worker.
(j) Unless an employee policy or collective bargaining agreement provides for the payment of accrued fringe benefits upon termination, no service worker shall be entitled to payment of unused accrued sick leave under this section upon termination of employment.
(k) Nothing in this section shall be construed to:
(1) Prevent employers from providing more paid sick leave than is required under this section;
(2) Diminish any rights provided to any employee or service worker under a collective bargaining agreement; or
(3) Preempt or override the terms of any collective bargaining agreement effective prior to January 1, 2015.
(l) A termination of a service worker's employment by an employer shall constitute a break in employment. If that service worker is subsequently rehired by the employer following a break in employment, the service worker shall:
(1) Begin to accrue sick leave in accordance with this section; and
(2) Not be entitled to any unused hours of paid sick leave that had been accrued prior to the service worker's break in service unless agreed to by the employer.
(m) No employer shall take retaliatory personnel action against a service worker for exercise by a service worker of sick leave to which the service worker is entitled under this section.
(n) An employer shall provide notice to each service worker of the following information:
(1) The entitlement to sick leave for service workers, the amount of sick leave provided to service workers, and the terms under which sick leave may be used;
(2) That retaliation by the employer against the service worker for requesting or using sick leave for which the service worker is eligible is prohibited; and
(3) That the service worker has a right to file a complaint with the department of labor and industrial relations for suspected violations of this section by the employer.
Employers may comply with this section by displaying a poster in a conspicuous place, accessible to service workers, at the employer's place of business that contains the information required by this subsection."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2015.
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INTRODUCED BY: |
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Report Title:
Labor; Sick Leave; Service Workers
Description:
Requires certain employers to provide sick leave to service workers for specified purposes under certain conditions. Defines service workers and employers. Effective January 1, 2015.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
