THE SENATE	S.B. NO.	1076
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EMPLOYMENT PRACTICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 378-32, Hawaii Revised Statutes, is amended to read as follows:

     "§378-32  Unlawful suspension, discharge, or discrimination. (a)  It shall be unlawful for any employer to suspend, discharge, or discriminate against any of the employer's employees:

     (1)  Solely because the employer was summoned as a garnishee in a cause where the employee is the debtor or because the employee has filed a petition in proceedings for a wage earner plan under Chapter [XIII] 13 of Title 11 United States Code, the Bankruptcy [Act; or] Code;

     (2)  Solely because the employee has suffered a work injury [which] that arose out of and in the course of the employee's employment with the employer and [which] that is compensable under chapter 386, unless the employee is no longer capable of performing the employee's work as a result of the work injury and the employer has no other available work [which] that the employee is capable of performing.  Any employee who is discharged because of the work injury shall be given first preference of reemployment by the employer in any position [which] that the employee is capable of performing and [which] that becomes available after the discharge and during the period thereafter until the employee secures new employment.  This paragraph shall not apply to any employer in whose employment there are less than three employees at the time of the work injury or who is a party to a collective bargaining agreement [which] that prevents the continued employment or reemployment of the injured employee;

     (3)  Because the employee testified or was subpoenaed to testify in a proceeding under this part; or

     (4)  Because an employee tested positive for the presence of drugs, alcohol, or the metabolites of drugs in a substance abuse on-site screening test conducted in accordance with section 329B-5.5; provided that this provision shall not apply to an employee who fails or refuses to report to a laboratory for a substance abuse test pursuant to section 329B-5.5.

(b)  It shall be an unlawful practice for an employer or labor organization to bar or discharge from employment, withhold pay from, or demote an employee solely because the employee legitimately uses accrued and available negotiated sick leave in accordance with the employer's attendant and negotiated sick leave policies, except for abuse of sick leave.

(c)  Employers and labor organizations are not prohibited from barring or discharging from employment, withholding pay from, or demoting an employee if the employee is unable to fulfill the essential job functions or requirements of the employee's position.

(d)  Subsections (b) and (c) shall apply only to employers who have:

(1) A collective bargaining agreement with their employees; and

(2) One hundred or more employees."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Employment Practices

Description:

Makes it an unlawful practice for any 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.  Limited to employers with one hundred or more employees that is covered by a collective bargaining agreement.  Exempts cases where an employee is unable to fulfill essential job functions or abuses the use of sick leave.  Effective 7/1/2050.  (SD1)

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