STAND

STAND. COM. REP. NO.1547

Honolulu, Hawaii

, 2003

RE: H.B. No. 389

H.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

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

"A BILL FOR AN ACT RELATING TO FAMILY LEAVE,"

begs leave to report as follows:

The purpose of this measure is to require any employer who provides sick leave for employees to permit an employee to use accrued and available sick leave for family leave purposes.

Specifically, the measure:

(1) Defines "sick leave" for purposes of the family leave law;

(2) Amends the definition of "employer" to include the State and its political subdivisions as an employer to whom Hawaii's family leave law applies;

(3) Clarifies that an employer or employee may elect to substitute any of the employee's accrued paid leaves for any part of the four weeks of unpaid family leave;

(4) Requires an employer who provides sick leave to permit an employee to use up to ten days of accrued and available sick leave for family leave purposes; and

(5) Clarifies that the bill does not require an employer to diminish an employee's sick leave below the amount required pursuant to the State's temporary disability insurance law.

Your Committee finds that the state family leave law does not require an employer to allow an employee to utilize sick leave to attend to the employee's child, parent, spouse, or reciprocal beneficiary with a serious health condition. This prohibition creates an economic hardship for employees who cannot afford to take unpaid family leave to care for sick family members.

Women comprised nearly sixty per cent of Hawaii's workforce in 2000 and Hawaii has a very high rate of two-wage earner families. As a result, there often is no one at home to care for sick children, spouses, or aging parents. The high cost of living in Hawaii results in difficult choices for employees with a seriously ill family member. In addition to the state family leave law's current job protection, this measure will provide added assistance in helping employees balance workplace and family responsibilities, by allowing an employee to use paid sick leave to provide care for ill family members.

As affirmed by the record of votes of the members of your Committee on Ways and Means 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 Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

		____________________________ BRIAN T. TANIGUCHI, Chair