Report Title:

Military Leave for Active Duty; Public Employee Pay Differential

Description:

Establishes that if a public employee's active military pay is less than the public employee's nonmilitary pay, then the public employer shall pay the public employee the difference while on active military duty; provided that the active military duty deployment extends beyond 30 days.

HOUSE OF REPRESENTATIVES

H.B. NO.

1905

TWENTY-SECOND LEGISLATURE, 2004

 

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. Section 78-16.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§78-16.5[]] Pay of officers and employees on active military service. (a) All officers and employees of the State and the several counties 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 or organized reserves, including the officers' reserve corps and the enlisted reserve corps, under call of the President of the United States or the governor of the State, to receive pay as provided by law. During the absence of the officer or employee, while in the performance of ordered military or naval duty as a member of the national guard, air national guard, naval militia, or organized reserves, including the officers' reserve corps and the enlisted reserve corps, the officer or employee shall receive the officer's or employee's salary or compensation as such officer or employee, but only for a period not exceeding fifteen working days in any calendar year[.]; provided that this subsection shall only apply to periods of active military duty deployment that do not exceed thirty days within the same calendar year.

(b) Notwithstanding subsection (a), if the officer or 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 officer or employee may elect to use the fifteen working days of the succeeding calendar year to which the officer or employee is entitled for such purposes within the current calendar year; provided that the officer's or employee's entitlement to fifteen working days under this section for the succeeding calendar year shall be canceled and the officer or employee shall so agree in writing.

(c) Notwithstanding subsection (a), if the officer or employee is called to active duty or otherwise required to report for camp training or field maneuvers by official military orders:

(1) For a period of thirty days or longer; and

(2) The officer or employee's active military base pay is less than the base pay the officer or employee receives from the officer or employee's nonmilitary public employer;

then the nonmilitary public employer shall pay to the officer or employee the difference between the officer or employee's military and nonmilitary base pay for the duration of the officer or employee's deployment on active military duty.

For the purposes of this subsection "base pay" means the amount of pay an officer or employee receives from a military or nonmilitary public employer, after applicable taxes have been subtracted, but before any allowances, bonuses, incentives, or other types of supplemental forms of compensation are added."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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