STAND. COM. REP. NO. 2009

Honolulu, Hawaii

RE: H.B. No. 1343

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 1343, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FAMILY LEAVE,"

begs leave to report as follows:

The purpose and intent of this measure is to authorize the use of family leave by an employee who is taking leave to care for the employee's grandchild having a serious health condition.

Your Committee received written comments in support of this measure from the Department of Human Services, Hawaii State Commission on the Status of Women, AAUW of Hawaii, Hawaii Government Employees Association, Healthy Mothers Healthy Babies, ILWU Local 142, PHOCUSED, and two individuals.

Your Committee received written comments in opposition to this measure from the Maui Chamber of Commerce and Retail Merchants of Hawaii.

Your Committee finds that the State's unique prevalence of multi-generational caregiving responsibilities should be reflected in its family leave requirements.

Additionally, your Committee believes that it is more efficient to incorporate the use of family leave by certain grandparent-employees into sections 398-3 and 398-4, Hawaii Revised Statutes, than to create new sections in chapter 398, Hawaii Revised Statutes, to authorize this use of family leave.

Your Committee has amended this measure by:

(1) Deleting from section 2 of the measure provisions specifying that:

(A) An employee is entitled to one week of family leave during the calendar year to care for the employee's grandchild having a serious health condition;

(B) The family leave may be paid, unpaid, or a combination of paid and unpaid; and

(C) The employee may use seven days of accrued and available sick leave for the family leave per year;

(2) Amending section 398-3, Hawaii Revised Statutes, to entitle an employee to one week of family leave during any calendar year to care for the employee's grandchild having a serious health condition;

(3) Amending section 398-4, Hawaii Revised Statutes, to authorize an employee who uses family leave to care for the employee's grandchild having a serious health condition to:

(A) Use unpaid leave for family leave in certain situations;

(B) Substitute accrued paid leave for unpaid family leave; and

(C) Use up to seven days of accrued and available sick leave for family leave per year;

(4) Changing the effective date to July 1, 2050, to facilitate further discussion on the measure; and

(5) Making technical nonsubstantive changes for purposes of clarity, consistency, and style.

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 H.B. No. 1343, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1343, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

DONOVAN M. DELA CRUZ, Chair