Report Title:

Employment Discrimination; collective bargaining

 

Description:

Prohibits an employer or labor organization from discriminating against an employee who uses accrued and available sick leave in accordance with a valid collective bargaining agreement or valid employment policy. Clarifies that the term, "employee" includes an employee with a nonchronic condition of a short term nature. (SB469 HD1)

 

THE SENATE

S.B. NO.

469

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO EMPLOYMENT PRACTICES.

 

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

SECTION 1. Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§378- Sick leave. It shall be an unlawful discriminatory practice for any employer or labor organization to refuse to hire or employ, or to bar or discharge from employment, or withhold pay, demote, or penalize an employee because the employee uses accrued and available sick leave in accordance with an express provision of a valid collective bargaining agreement or a valid employment policy. For purposes of this section, the term "employee" includes an employee with a nonchronic condition of a short-term nature."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.