§79-8 Sick leaves; exceptions. With the exception of teachers, educational officers, and cafeteria managers employed in the public schools of the State, the instructional staff of the University of Hawaii, and emergency appointees, all officers and employees in the service of the State or of the several counties shall be entitled to and granted cumulative sick leave pay at the rate of one and three-quarters working days for each month of service.

Sick leave allowances shall be recorded and administered on a calendar year basis, the allowance accruing during each calendar year being credited to employees as of December 31 of each year. The sick leave provided for in this section, which is not used by an officer or employee during the year in which it accrues, shall accumulate and be available for use in succeeding years. Whenever it is deemed necessary, particularly when an abuse is indicated, a department head shall have the authority to investigate any absence for which sick leave, with pay, is indicated. Upon finding that the employee's claim of illness was falsely made, the department head shall take proper disciplinary action in accordance with the rules and regulations governing the matters. A licensed physician's certificate shall be required only when absences are five or more consecutive working days. Additional sick leave with pay, in excess of that which the officer or employee is entitled to, may be granted with the written approval of the governor or mayor, as the case may be, provided that due consideration shall be given to the length of service of the particular employee requesting an excess of that to which the employee is entitled. [L 1925, c 249, §1; am L 1931, c 181, §2; am L 1932 2d, c 4, §2; am L 1933, c 113, §2; RL 1935, c 140, §1; am L 1941, c 329, §2; am L Sp 1941, c 25, §1; RL 1945, pt of §552; am L 1951, c 121, §1; am L 1953, c 278, pt of §8; am L 1955, c 274, §4; RL 1955, §5-39; am L 1957, c 199, §2; am L 1959, c 166, §1; am L 1961, c 133, §1; am L 1965, c 175, §3; HRS §79-8; am L 1982, c 31, §1; gen ch 1985]