Bill Text: HI SB376 | 2010 | Regular Session | Introduced

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Bill Title: Employment Practices; Suspension and Discharge

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB376 Detail]

Download: Hawaii-2010-SB376-Introduced.html

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Report Title:

Employment Practices; Suspension and Discharge

 

Description:

Authorizes any employer to suspend or discharge an employee for good cause once the employee had completed the employer's probationary period of employment; requires written documentation be provided to the employee; defines "probationary period" to mean six months from the date of hire if an employer does not establish a specific probationary period at the date of hire.

 

THE SENATE	S.B. NO.	376
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

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.  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[.];

provided that any employer may suspend or discharge an employee who has completed the employer's probationary period of employment, if the suspension or discharge is for good cause and the employer has provided the employee with written documentation of the reasons for the suspension or discharge for good cause.  For the purposes of this section, if an employer does not establish a specific probationary period at the date of hire, "probationary period" shall mean six months from the date of hire."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________