CONFERENCE COMMITTEE REP. NO. 106-10

Honolulu, Hawaii

                 , 2010

RE:    S.B. No. 2883

       S.D. 1

       H.D. 2

       C.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2883, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT PRACTICES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to promote fair employment practices by making it an unlawful practice for an employer or labor organization to bar or discharge from employment, withhold pay from, or demote an employee because the employee legitimately uses accrued and available sick leave.

     This measure specifically applies to employers or labor organizations that have over 100 employees and have a collective bargaining agreement with their employees.  This measure does not apply to cases where an employee is abusing sick leave benefits or is unable to fulfill his or her essential job functions or requirements.

     Your Committee on Conference finds that employees who legitimately use accrued and available sick leave benefits should not be reprimanded by certain large employers or labor organizations that have a collective bargaining agreement in place with their employees, unless the employee is abusing their sick leave benefits.  Your Committee on Conference also finds that certain large employers or labor organizations should not be prohibited from discharging or demoting an employee if the employee is unable to fulfill the essential job functions or requirements of their position.

     Your Committee on Conference has amended this measure by changing the effective date to July 1, 2010.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2883, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2883, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ KARL RHOADS, Co-Chair	____________________________ DWIGHT Y. TAKAMINE, Chair
____________________________ JON RIKI KARAMATSU, Co-Chair	____________________________ BRIAN T. TANIGUCHI, Co-Chair
____________________________ MARCUS R. OSHIRO, Co-Chair