Bill Text: HI SB1271 | 2010 | Regular Session | Introduced
Bill Title: Government Attrition Policy
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1271 Detail]
Download: Hawaii-2010-SB1271-Introduced.html
Report Title:
Vacation Allowance; Exempt State Executive Department Employees; Exempt State Legislative Branch Employees
Description:
Requires state executive department and state legislative branch employees who are exempt from chapter 76, HRS (civil service law) to use or donate accumulated and accrued vacation allowance prior to discharge, or to forfeit remaining vacation allowance and any compensation in lieu of retaining vacation allowance upon discharge. Sunsets December 31, 2010.
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THE SENATE |
S.B. NO. |
1271 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC EMPLOYEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 78-23, Hawaii Revised Statutes, is amended to read as follows:
"§78-23 Leaves of absence. (a) Employees shall be eligible for vacation leave, sick leave, and other leaves of absence, with or without pay, as negotiated under chapter 89 or adjusted under chapter 89C, as applicable.
(b) When an employee, including any employee of
an executive department of the State who is exempt from chapter 76 and any
employee of the legislative branch of the State who is exempt from chapter 76,
is transferred from one department to another within the same jurisdiction or
to another jurisdiction within the State, the employee shall be given credit
for the vacation earned or accumulated in the department from which the
employee transferred, and the director of finance of the State or the
equivalent officers of the several jurisdictions shall make the appropriate
transfer of funds to implement the employee transfer. Moneys received from [any
such] the transfer of funds by a state agency financed by the
general fund of the State shall be deposited with the director of finance of
the State to the credit of the general fund of the State; provided that, when
an employee is transferred from one department to another within the same
jurisdiction, the transfer of funds shall not be made if the employee's salary
is paid from the same fund. Compensation for any period of vacation allowance
shall be paid at the rate to which the employee is entitled at the time the
allowance is granted.
(c) [Upon] Except as provided in
subsection (f), upon discharge, an employee shall be entitled to all of the
employee's accumulated vacation allowance plus the employee's current accrued
vacation allowance to and including the date of discharge, notwithstanding that
the current accrued vacation allowance may not have been recorded at the time.
If any employee, including any employee of an executive department of the
State who is exempt from chapter 76 and any employee of the legislative branch
of the State who is exempt from chapter 76, dies with accumulated or
current accrued vacation earned but not taken, an amount equal to the value of
the employee's pay over the period of [such] the earned vacation,
and any earned and unpaid wages, shall be paid to the person or persons who may
have been designated as the beneficiary or beneficiaries by the employee during
the employee's lifetime in a verified written statement filed with the
comptroller or other disbursing officer who issues warrants or checks to pay
the employee for the employee's services as a public employee, or, failing the
designation, to the employee's estate.
(d) [Whenever] Except as provided in
subsection (f), whenever an employee is to be discharged,
voluntarily or involuntarily, the employee, at the option of the appointing
authority, may be discharged and paid forthwith, in lieu of the employee's
vacation allowance, the amount of compensation to which the employee would be
entitled or which the employee would be allowed during the vacation period if
the employee were permitted to take the employee's vacation in the normal
manner, and in [such] that case the employee's position may be
declared vacant and may be permanently filled by a new appointee before the
expiration of any vacation period following the date of the discharge. For an
employee hired after June 30, 1997, who is to be discharged, voluntarily or
involuntarily, the amount of compensation to be paid in lieu of vacation
allowance under this section shall be computed using the rate of pay and amount
of accumulated and accrued vacation on the date the employee is discharged. [Prompt]
The department head shall give employees prompt notice [upon
such forms and in such manner as may be required shall be given by the
department head] of any action taken under this provision.
(e) Payments of vacation allowance paid pursuant to subsections (c) or (d) shall be subject to the provisions of chapter 88D.
(f) Upon voluntary or involuntary discharge from the State, an employee of an executive department of the State who is exempt from chapter 76 or an employee of the legislative branch of the State who is exempt from chapter 76 shall not be entitled to compensation in lieu of the employee's accumulated vacation allowance or the employee's current accrued vacation allowance to and including the date of discharge; rather, beginning July 1, 2009, the employee shall:
(1) Use, prior to discharge, accumulated vacation allowance and current accrued vacation allowance to and including the date of discharge;
(2) Donate, prior to discharge, accumulated vacation allowance through a leave sharing program pursuant to section 78‑26; or
(3) Forfeit accumulated vacation allowance and current accrued vacation allowance to and including the date of discharge that is not used or not donated in accordance with paragraphs (1) and (2). An amount equivalent to the compensation that would have been paid to the employee upon discharge prior to enactment of this section shall be deposited with the director of finance of the State to the credit of the department that employed the employee immediately prior to discharge.
If an employee of an executive department of the State who is exempt from chapter 76 or an employee of the legislative branch of the State who is exempt from chapter 76 is voluntarily or involuntarily discharged, the employee shall not be entitled to reemployment by the same department that employed the employee immediately prior to discharge."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2009, and shall be repealed on December 31, 2010; provided that section 78‑23, Hawaii Revised Statutes, shall be reenacted in
the same form in which it read on June 30, 2009.
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INTRODUCED BY: |
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