Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred H.B. No. 2216 entitled:

begs leave to report as follows:

The purpose of this bill is to protect employees from discriminatory practices. Among other things, this bill:

The Hawaii State Teachers Association and Hawaii State AFL-CIO supported this measure. The ILWU, Local 142 supported this bill, but with additional amendments. The Society for Human Resources Management and Hawaiian Electric Company, Inc., opposed this measure. The Department of Labor and Industrial Relations commented on this measure.

The State has long held the belief that ill or injured workers should be afforded certain protections. Programs such as the Workers' Compensation Program and Temporary Disability Insurance laws were started for these very reasons. However, your Committee notes that no public policy, either via statute, rule, or regulation, exists to protect the use of sick leave for illnesses of a nonchronic and short-term nature.

Your Committee recognizes that there may be instances in which an employee abuses the use of sick leave. Your Committee does not intend for this bill to protect these abusers. By clarifying the definition of an employee to include "persons with a nonchronic condition of a short-term nature" your Committee finds that there is adequate protection against such abuse.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2216 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.