Bill Text: HI HB1713 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Family Leave.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2024-01-24 - Referred to LGO, CPC, FIN, referral sheet 1 [HB1713 Detail]

Download: Hawaii-2024-HB1713-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1713
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to family leave.

 

 

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

 

     SECTION 1.  The legislature finds that Hawaii's working families are not adequately supported during times of caregiving and illness.  According to the 2022 Aloha United Way ALICE (Asset Limited Income Constrained Employed) Facts and Figures, nearly half of Hawaii families would not have enough money to cover expenses for four weeks.  An unexpected medical emergency would put families under significant financial strain.  While the Federal Family and Medical Leave Act of 1993 allows twelve weeks of unpaid leave to employees who have worked at a business that employs fifty or more employees, the majority of Hawaii's workforce cannot afford to take unpaid leave to care for a new child or attend to the needs of a family member with a serious health condition.

     In Hawaii, 247,000 people serve as family caregivers.  Hawaii has the fastest growing population over the age of sixty-five in the nation, and that number is expected to grow by eighty-one per cent by the year 2030.  Nearly a third of those

who need but do not have access to family leave will need the time off to care for a family member experiencing serious illness or requiring end-of-life care.  Women, as primary caregivers of infants, children, and elderly parents, are affected disproportionately by the absence of paid family and medical leave.  Further, father-infant bonding is important in the emotional, social, cognitive, and physical development of the newborn baby.

     The purpose of this Act is to ensure that state and county employees are provided family leave insurance benefits during times when they need to provide care for their families.

     SECTION 2.  Chapter 78, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part     .  Paid family leave

     §78-A  Definitions.  As used in this part, unless the context otherwise requires:

     "Child" means an individual who is a biological, adopted, hanai, or foster son or daughter; a stepchild; a legal ward of an employee; a grandchild; a child of a reciprocal beneficiary; or a child of an employee who stands in loco parentis.

     "Health care provider" means a physician as defined under section 386-1.

     "Parent" means a biological, foster, hanai or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, a grandparent-in-law, a parent or grandparent of a reciprocal beneficiary, or a person who stands in loco parentis for a minor child.

     "Qualified employee" means an employee who has completed at least 1,250 hours of service over at least twelve months of service as an employee.

     "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek or hours per workday of a qualified employee.

     "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

     (1)  Inpatient care at a hospital, hospice, or residential medical care facility; or

     (2)  Continuing treatment by a health care provider.

     "Sibling" means an individual who is a biological, adopted, hanai, or foster brother or sister; or a stepbrother or stepsister of an employee.

     §78-B  Paid family leave; general requirements.  (a)  A qualified employee shall be entitled to a total of twelve weeks of paid leave during any twelve-month period for one or more of the following:

     (1)  The birth of a child of the qualified employee and in order to care for the child;

     (2)  The placement of a child with the qualified employee for adoption or foster care; or

     (3)  To care for the qualified employee's spouse, reciprocal beneficiary, child, grandchild, parent, or sibling if the spouse, reciprocal beneficiary, child, grandchild, parent, sibling, or a service member who is the qualified employee’s next of kin has a serious health condition.

     (b)  The entitlement to leave under subsection (a)(1) or (2) shall expire at the end of the twelve-month period beginning on the date of birth or placement of the child.

     (c)  Leave under subsection (a)(1) and (2) shall not be taken by a qualified employee intermittently or on a reduced leave schedule unless the qualified employee and the employer agree otherwise.

     (d)  Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule when medically necessary; provided that:

     (1)  Any hours of leave taken shall be subtracted from the total amount of leave remaining available to the qualified employee under subsection (a), for purposes of the twelve-month period involved, on an hour-for-hour basis;

     (2)  If a qualified employee requests intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment, the employer may require the qualified employee to transfer temporarily to an available alternative position offered by the employing agency for which the qualified employee is qualified and that:

          (A)  Has equivalent pay and benefits; and

          (B)  Better accommodates recurring periods of leave than the regular employment position of the qualified employee; and

     (3)  The qualified employee complies with subsection (j) and section 78-C(a)(5).

     (e)  A qualified employee taking leave under this section may elect to use one of the following types of paid leave:

     (1)  Twelve administrative workweeks of paid family leave under this paragraph in connection with the birth or placement involved; or

     (2)  During the twelve-month period referred to in subsection (a), and in addition to the twelve administrative workweeks under paragraph (1), any leave accrued or accumulated by the qualified employee;

provided that nothing in this subsection shall be construed to require that a qualified employee first use all or any portion of the leave described in paragraph (2) before being allowed to use the paid parental leave described in paragraph (1); provided further that nothing in this section shall require an employer to provide paid sick leave in any situation in which the employer would not normally provide paid leave.

     (f)  Paid family leave taken under subsection (e)(1):

     (1)  Shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency;

     (2)  Shall not be considered to be vacation leave or any other type of leave; and

     (3)  If not used by the qualified employee before the end of the twelve-month period described in subsection (a) to which it relates, shall not accumulate for any subsequent use.

     Nothing in this subsection shall be construed to modify the requirement that the qualified employee complete at least twelve months of service as an employee, as described in the definition of "qualified employee" in section 78-A, before becoming eligible to take leave pursuant to this part.

     (g)  A qualified employee shall not take leave under subsection (e)(1) unless the qualified employee agrees in writing, before the leave commences, to work for the applicable employing agency for not less than a period of twelve weeks beginning on the date the leave concludes; provided that:

     (1)  The head of the agency shall waive this requirement in any instance where the qualified employee is unable to return to work because of the continuation, recurrence, or onset of a serious health condition, including a mental health condition, related to the applicable birth or placement of a child of the qualified employee or the child; and

     (2)  The head of the employing agency may require that a qualified employee who claims to be unable to return to work because of a health condition described under paragraph (1) provide certification supporting that claim by the health care provider of the qualified employee or the child, as the case may be.  The qualified employee shall provide the certification to the head in a timely manner.

     (h)  If a qualified employee fails to return from paid leave provided under subsection (e)(1) after the date the leave concludes, the employing agency may recover from the qualified employee an amount equal to the total amount of government contributions paid by the agency on behalf of the qualified employee for maintaining the qualified employee's health coverage during the period of the leave; provided that this subsection shall not apply to a qualified employee who fails to return from leave due to:

     (1)  The continuation, recurrence, or onset of a serious health condition as described under, and consistent with the requirements of, subsection (g); or

     (2)  Any other circumstance beyond the control of the qualified employee.

     (i)  In any case in which the necessity for leave under subsection (a)(1) or (2) is foreseeable based upon an expected birth or placement, the qualified employee shall provide the employer with not less than thirty days' notice before the date the leave is to begin of the qualified employee's intention to take leave, except that if the date of the birth or placement requires leave to begin in less than thirty days, the qualified employee shall provide as much notice as is practicable.

     (j)  In any case in which the necessity for leave under subsection (a)(3) is foreseeable based on planned medical treatment, the qualified employee:

     (1)  Shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the child, spouse, parent, or sibling of the qualified employee, as appropriate; and

     (2)  Shall provide the employer with not less than thirty days' notice before the date the leave is to begin of the qualified employee's intention to take leave, except that if the date of the treatment requires leave to begin in less than thirty days, the qualified employee shall provide as much notice as is practicable.

     §78-C  Paid family leave; certification requirements.  (a)  An employing agency may require that a request for leave under section 78-B(a)(3) be supported by certification issued by the health care provider of the child, spouse, parent, or sibling of the qualified employee.  The qualified employee shall provide, in a timely manner, a copy of the certification to the employing agency.  A certification shall be sufficient if it states:

     (1)  The date on which the serious health condition commenced;

     (2)  The probable duration of the condition;

     (3)  The appropriate medical facts within the knowledge of the health care provider regarding the condition;

     (4)  A statement that the qualified employee is needed to care for the child, spouse, parent, or sibling, and an estimate of the amount of time that the qualified employee is needed to care for the child, spouse, parent, or sibling; and

     (5)  In the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which the treatment is expected to be given and the duration of the treatment.

     (b)  In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a), the employer may require, at the expense of the agency, that the qualified employee obtain the opinion of a second health care provider designated or approved by the employing agency concerning any information certified under subsection (a) for the leave.  Any health care provider designated or approved pursuant to this subsection shall not be employed on a regular basis by the employing agency.

     (c)  In any case in which the second opinion described in subsection (b) differs from the original certification provided under subsection (a), the employing agency may require, at the expense of the agency, that the qualified employee obtain the opinion of a third health care provider designated or approved jointly by the employing agency and the qualified employee concerning the information certified under subsection (a).  The opinion of the third health care provider concerning the information certified under subsection (a) shall be considered to be final and shall be binding on the employing agency and the qualified employee.

     (d)  The employer may require, at the expense of the agency, that the qualified employee obtain subsequent recertifications on a reasonable basis.

     §78-D  Paid family leave; protection of employment and benefits.  (a)  Any qualified employee who takes leave under section 78-B for the intended purpose of the leave shall be entitled, upon return from the leave:

     (1)  To be restored by the employer to the position held by the qualified employee when the leave commenced; or

     (2)  To be restored to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.

     (b)  The taking of leave under section 78-B shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.

     (c)  Except as otherwise provided by law, nothing in subsections (a) or (b) shall be construed to entitle any restored qualified employee to:

     (1)  The accrual of any employment benefits during any period of leave; or

     (2)  Any right, benefit, or position of employment other than any right, benefit, or position to which the qualified employee would have been entitled had the qualified employee not taken the leave.

     (d)  Nothing in this section shall be construed to prohibit an employing agency from requiring a qualified employee on leave under this section to report periodically to the employer on the status and intention of the qualified employee to return to work.

     §78-E  Paid family leave; prohibition of coercion.  (a)  An employee shall not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with the exercise of any rights that the other employee may have under this part.

     (b)  For purposes of this section:

     "Intimidate, threaten, or coerce" includes promising to confer or conferring any benefit, such as appointment, promotion, or compensation; or taking or threatening to take any reprisal, such as deprivation of appointment, promotion, or compensation.

     §78-F  Paid family leave; health insurance.  A qualified employee enrolled in a health benefits plan who is placed in a leave status pursuant to this part shall continue to be enrolled in that plan while in the leave status; provided that the qualified employee continues to pay any required employee contributions.

     §78-G  Construction.  The benefits and protections established by this part shall be in addition to any other benefits or protections offered by other federal, state, or county laws, including the federal Family and Medical Leave Act and chapter 398.  Nothing in this part shall be construed to modify, eliminate, or otherwise abrogate any existing leave policies, employment benefits, or protections that employees may have pursuant to any other laws, employment contracts or collective bargaining agreements, to the extent that the laws, contracts, and agreements provide greater protections than those afforded under this part.

     §78-H  Rules.  The director shall adopt rules necessary for the administration of this part."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2024.

 

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Minority Caucus Package; Paid Family Leave; Public Employees

 

Description:

Establishes a paid family leave program for state and county employees.  Authorizes a qualifying employee to take up to twelve weeks of paid leave for the birth or placement of a child or to care for a family member who has a serious health condition.

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.