Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1306 entitled:

begs leave to report as follows:

The purpose of this bill is to prohibit an employer or labor organization from discriminating against an employee who uses accrued and available sick leave in accordance with a valid collective bargaining agreement or a valid employment policy. This bill also defines an "employee" as one with a nonchronic condition of a short-term nature.

ILWU Local 142 and Hawaii State AFL-CIO testified in support of this bill. The Hawaii Civil Rights Commission, The Chamber of Commerce of Hawaii, Verizon Hawaii, and the Society for Human Resource Management – Hawaii Chapter opposed this measure. The Department of Labor and Industrial Relations (DLIR) and the Department of Human Resources Development offered comments.

According to ILWU, some employers subvert sick leave provisions by adopting "no-fault attendance policies" which penalize employees for being absent from work irrespective of the reason for the absence. On the other hand, DLIR testified that this bill allows across-the-board exhaustion of sick leave without the right of the employer to discipline the employee for abuse or excessive absenteeism. Others maintained that this bill creates a new protected class out of those who are offered sick leave.

Upon further consideration, your Committee has amended this bill by deleting its substance and inserting the substance of H.B. No. 335, H.D. 1, which is almost identical to this bill. The net effect of this amendment is:

(1) The deletion of the definition of "employee";

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1306, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1306, H.D. 1, and be placed on the calendar for Third Reading.