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 S.B. No. 895, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to require public employers who provide sick leave for employees to permit an employee to use sick leave to care for family members with a serious health condition.

Specifically, the bill requires employers who provide sick leave for public employees, as negotiated in collective bargaining required by chapter 89, Hawaii Revised Statutes, or as adjusted pursuant to chapter 89C, Hawaii Revised Statutes, for public employees excluded from collective bargaining, to use their own sick leave to care for certain family members with a serious health condition: the employee's child; spouse or reciprocal beneficiary; or parent. An employer may not deny an employee's right to use sick leave to care for a sick family member or discharge or discriminate against an employee who exercises the right to use sick leave in this manner.

Your Committee notes that women made up nearly sixty per cent of Hawaii's workforce in 2000 and that we have a very high rate of two-wage earner families. As a result, there is no one at home to care for sick children, spouses, or aging parents. Although state and federal family leave laws offer job protection for some employees who take family leave to care for sick family members, Hawaii's family leave law no longer applies to state or county employees. Federal family leave law guarantees only unpaid family leave. The high cost of living in Hawaii results in difficult choices for employees with a seriously ill family member. Your Committee believes this measure helps public employees balance the demands of family and the workplace.

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 S.B. No. 895, S.D. 1, and recommends that it pass Third Reading.