Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor, to which was referred H.B. No. 389, H.D. 2, entitled:

begs leave to report as follows:

The purpose of this measure is to require an employer, including the State or any political subdivisions thereof, who provides sick leave for employees to permit employees to use up to ten days of any accrued and available sick leave for family leave purposes, unless a collective bargaining agreement authorizes the use of more time.

This measure also clarifies that an employer shall not be required to diminish an employee's accrued and available sick leave below the amount required pursuant to the temporary disability insurance law, section 392-41, Hawaii Revised Statutes.

Testimony in support of this measure was submitted by the Hawaii State AFL-CIO, the Hawaii Government Employees Association, the ILWU Local 142, the State of Hawaii Organization of Police Officers, the International Brotherhood of Electric Workers of Hawaii, and a private citizen. Testimony in opposition to this measure was submitted by the Department of Labor and Industrial Relations, the Department of Human Resources Development, the Chamber of Commerce of Hawaii, the National Federation of Independent Business—Hawaii, the Society for Human Resources Management, the Hawaii Bankers Association, the Retail Merchants of Hawaii, and American Savings Bank.

Your Committee finds that existing law does not require an employer to allow an employee to utilize sick leave to attend to the illness of a child, parent, spouse, or reciprocal beneficiary. Your Committee believes that it is important to promote and support the family unit and provide workers with the ability to care for seriously ill children, parents, spouses, or reciprocal beneficiaries, without the concern for financial security.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 389, H.D. 2, and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.