Report Title:

Exempt Employees; Leaves of Absence

Description:

Sets forth leave of absence provisions for permanent full-time employees of the State or one of its political subdivisions who are exempt from chapters 76 and 89, but are not considered to be an "excluded employee" as defined in section 89C-1.5. Employees hired before July 1, 2003, receive one and three-quarters days per month of sick leave and vacation leave. Employees hired after June 30, 2003, are entitled to and granted leave at the same rates as those provided to employees in the same or similar positions that are subject to a collective bargaining agreement. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1373

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PUBLIC EMPLOYEES.

 

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

SECTION 1. Chapter 78, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    . leaves of absence

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

"Employee" means a permanent full-time employee of the State or one of its political subdivisions who is exempt from chapters 76 and 89, but is not an "excluded employee" as defined in section 89C-1.5.

§78-   Applicability. Unless specifically stated otherwise, this part shall only apply to individuals, hired prior to July 1, 2003, who are:

(1) Permanent full-time employees of the State or one of its political subdivisions;

(2) Exempt from civil service and collective bargaining laws; and

(3) Not considered to be an "excluded employee" pursuant to section 89C-1.5.

§78-   Vacations of employees. (a) All employees shall be entitled to and granted a vacation with pay each calendar year calculated at the rate of one and three-quarters working days for each month of service.

(b) Vacation allowances shall be recorded and administered on a calendar year basis, the allowance accruing during each calendar year being credited to employees as of December 31 of each year.

(c) An annual vacation, or any part thereof unused, shall be automatically accumulated for succeeding years, except that the total recorded accumulation shall be in no event more than ninety working days; provided that:

(1) Not more than fifteen days a year may be accumulated unless prior approval is secured by the employee from the employee's department head for the accumulation of the full amount. The accumulation shall be granted only for good cause shown; and

(2) No employee shall be granted or permitted to take a vacation in any calendar year in excess of ninety working days, but whenever the employee's accumulated vacation credit exceeds ninety working days, the employee shall be paid salary in lieu of vacation to the extent of the excess if, upon investigation by the comptroller of the State or the director of finance of the county, as the case may be, it is found that the excess vacation credit resulted from the employee's inability to be allowed vacation time off because of orders of the employee's appointing authority;

otherwise the employee shall automatically forfeit the excess.

(d) As used in this section, "month of service" means:

(1) A calendar month in which the employee performs not fewer than nineteen days of actual service; or

(2) For calendar months with fewer than nineteen working days, actual service on all available working days.

§78-   How taken. The vacation shall be granted at such time as the head of the department may designate, but an employee's preference shall be given consideration. Vacation shall be charged against accumulated vacation allowance at the rate of five working days per week. Holidays shall not be charged as days of vacation.

§78-   Transfer of vacation credits. When an employee is transferred from one department or agency to another within the same government or to another within the State, the employee shall be given credit for the vacation earned or accumulated in the department or agency from which the employee transferred, and the director of finance of the State or the equivalent officers of the several counties, as the case may be, shall make the appropriate transfer of funds to implement the employee transfer; provided that:

(1) Moneys received from any such 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; and

(2) When an employee is transferred from one department or agency to another within the same government, 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.

§78-   Vacation allowances on termination of employment. An employee whose employment is voluntarily terminated without prejudice during any calendar year 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 termination, notwithstanding that the current accrued vacation allowance may not have been recorded at the time.

(b) An employee whose employment is involuntarily terminated otherwise than for cause due to the employee's own misconduct shall be entitled to all of the employee's accumulated vacation allowance and current accrued vacation allowance, and the date of the termination shall be fixed so as to permit the employee to take the leave.

(c) The date of discharge of an employee whose employment is terminated for cause due to the employee's own misconduct may, within the discretion of the department head concerned, be fixed so as to permit the allowance of all or any part of any accumulated vacation allowance and current earned vacation allowance.

(d) If any employee 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 the earned vacation, and any earned and unpaid wages, shall be paid to:

(1) 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 an employee;

(2) If there is no beneficiary designated, to the employee's surviving spouse or reciprocal beneficiary; or,

(3) If there is no beneficiary designated and the employee has no surviving spouse or reciprocal beneficiary, to the employee's estate.

§78-   Sick leaves for employees; exceptions. (a) All employees shall be entitled to and granted cumulative sick leave pay at the rate of one and three-quarters working days for each month of service.

(b) Sick leave allowances shall be recorded and administered on a calendar year basis, the allowance accruing during each calendar year being credited to employees as of December 31 of each year.

(c) The sick leave provided for in this section, which is not used by an employee during the year in which it accrues, shall accumulate and be available for use in succeeding years.

(d) Whenever it is deemed necessary, particularly when an abuse is indicated, a department head shall have the authority to investigate any absence for which sick leave, with pay, is indicated. Upon finding that the employee's claim of illness was falsely made, the department head shall take proper disciplinary action in accordance with the rules governing the matters.

(e) A licensed physician's certificate shall be required only when absences are five or more consecutive working days.

(f) Additional sick leave with pay, in excess of that which the employee is entitled to, may be granted with the written approval of the department head; provided that due consideration shall be given to the length of service of the particular employee requesting an excess of that to which the employee is entitled.

§78-   Payments for sick leave. (a) Payments for sick leave to all employees shall be made only on account of sickness.

(b) Payments for sick leave as provided in subsection (a) may be paid from and charged to any appropriation that is enacted and made available for expenditure pursuant to law, other than appropriations designated for purposes that specifically exclude payments for sick leave.

(c) Payments for sick leave as provided in this section shall be paid in such manner and are subject to such limitation in amount as may be prescribed by law and by rules adopted under chapter 91.

§78-   Sick leave and workers' compensation benefits. An employee who is receiving workers' compensation wage loss replacement benefits may use the employee's accumulated sick leave credits to supplement the workers' compensation wage replacement benefits to a sum equal to the employee's regular salary.

§78-   Rules. The head of a department shall be required to provide all employees under the department head's supervision with an annual statement showing their accumulated annual leave and sick leave. The department head shall adopt rules relating to leaves of absences provided by this part.

§78-   Family leave for employees. All employees who have been employed for at least six consecutive months shall be entitled to family leave of four weeks as provided under chapter 398.

§78-   Funeral leave. (a) Three days of leave with pay, on such days as may be designated by the employee, shall be granted the employee upon the death of any member of the employee's immediate family.

(b) As used in this section, "immediate family" includes the spouse, reciprocal beneficiary, children, parents, siblings, father-in-law, mother-in-law, and grandparents of the employee. "Immediate family" also means an individual who has become a member of the immediate family of the employee through the Hawaiian "hanai" custom.

§78-   Leave for employee summoned as witness. (a) Any employee who is summoned as a juror or witness in any judicial proceeding, subject to the employee's claim for exemption from jury duty as provided by law, shall be entitled to leave of absence with pay for the period required for such service.

(b) Any employee who serves as a juror or witness and who receives a fee or mileage allowance shall not suffer the loss of such moneys or have it offset against the employee's salary account.

(c) No employee who is summoned as a witness in a proceeding involving or arising from the employee's outside employment or the employee's personal business affairs shall be entitled to have the employee's absence credited to the leave with pay provided in this section.

§78-   Credits for employees receiving workers' compensation benefits. Where an employee is absent from work because of injuries incurred within the scope of the employee's employment and the employee is receiving workers' compensation benefits, the employee shall continue to earn vacation, sick leave, and retirement credits as though the employee were not absent but performing duties of the employee's regular employment.

§78-   Pay of employees on active military service. (a) All employees who are appointed for at least six months of service shall be entitled, while on active duty or during periods of camps of instruction or field maneuvers as members of the Hawaii national guard, air national guard, naval militia, organized reserves, including the officers' reserve corps and the enlisted reserve corps, under call of the President of the United States or the governor, to receive pay as provided by law.

(b) During the absence of the employee, while in the performance of ordered military or naval duty as a member of the national guard, air national guard, naval militia, organized reserves, including the officers' reserve corps and the enlisted reserve corps, the employee shall receive the employee's salary or compensation as such employee, but only for a period not exceeding fifteen working days in any calendar year, except that if the employee is called to active duty or otherwise required to report for camp training or field maneuvers by official military orders a second time within a calendar year, the employee may elect to use the fifteen working days of the succeeding calendar year which the employee is entitled to for such purposes within the current calendar year; provided that the employee's entitlement to such fifteen working days under this section for the succeeding calendar year shall be canceled and the employee shall so agree in writing.

§78-   Nonforfeiture for absence. (a) Every employee who is a member of the national guard, air national guard, naval militia, organized reserves, including the officers' reserve corps, and the enlisted reserve corps, shall be entitled to be absent from the employee's duties or service while engaged in the performance of ordered military or naval duty and while going to and returning from such duty.

(b) No employee shall be subjected by any person, directly or indirectly, by reason of the absence to any loss or diminution of vacation or holiday privileges or be prejudiced by reason of the absence with reference to promotion or continuance in office, employment, reappointment to office, or reemployment.

§78-   Leave for pre-induction examination for employees. Any employee who is absent from work to undergo physical examination prior to induction into the armed forces shall be granted leave with pay for the purpose, and the leave shall not be charged against the employee's vacation allowance.

§78-   Leave for employees hired after June 30, 2003. Employees hired after June 30, 2003, shall be entitled to and granted any leave granted to employees by this part at the same rate provided to employees occupying the same or similar positions that are subject to a collective bargaining agreement."

SECTION 2. This Act shall take effect on July 1, 2003.