Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Education and Military Affairs and Labor, to which was referred H.B. No. 761, H.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to allow an employee to use family leave during any calendar year to provide family care and support during the military deployment of the employee's child, spouse, reciprocal beneficiary, or parent.

Testimony in support of the measure was submitted by the Department of Labor and Industrial Relations, Department of Human Resources Development, and the Hawaii National Guard Association.

Your Committees find that the purpose of the Family Leave Law is to allow employees to take a leave and provide care for a family member with a serious health condition or the birth or adoption of a child and return to their position or an equivalent position without penalty. As approximately 90% of the Hawaii Army National Guard are deployed overseas, it is important to send a message of support to them that the State recognizes their sacrifices.

Hawaii has continually adopted initiatives that follow the lead of the federal government. Currently, the United States Department of Labor issued guidelines regarding service members' rights to family leave. Accordingly, your Committees have amended this measure by clarifying the issues for which a family member may take leave regarding instances of deployment as recommended by the Department of Human Resources Development.

As affirmed by the records of votes of the members of your Committees on Education and Military Affairs and Labor that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 761, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 761, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.