Report Title:

Legislative Employees; Leaves of Absence

Description:

Establishes vacation and sick leave policy for permanent employees of the legislature. Employees hired before July 1, 2003, receive one and three-quarters days per month for vacation leave and one and three-quarters days per month sick leave. Employees hired before July 1, 2003, with twenty or more years of service are entitled to vacation leave at a rate of not less than that provided to employees subject to chapter 89C. Employees hired after June 30, 2003, are entitled to vacation and sick leave at rates of not less than those provided to employees subject to chapter 89C.

THE SENATE

S.B. NO.

608

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the legislature.

 

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

SECTION 1. Chapter 22, Hawaii Revised Statutes, is amended as follows:

1. By designating sections 22-1 to 22-5 as part I.

2. By adding a new part to be appropriately designated and to read:

"PART   .   LEAVES OF ABSENCE

§22-A Definitions. For purposes of this part:

"Appointing authority" means the president of the senate, in the case of the senate; the speaker of the house, in the case of the house of representatives; the auditor, in the case of the office of the auditor; the director of the legislative reference bureau, in the case of the legislative reference bureau; the ombudsman, in the case of the office of the ombudsman; or the legislative analyst, in the case of the office of the legislative analyst.

"Employee" means any person appointed as a permanent staff member pursuant to section 22-4 or chapter 21F, 23, 23G, or 96.

§22-B Vacation leave for employees hired prior to July 1, 2003. (a) Employees hired prior to July 1, 2003, 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. A month of service shall be deemed as a calendar month in which the employee performs not less than nineteen days of actual service or for months with less than nineteen working days, actual service on all available working days.

(b) An annual vacation, or any part thereof unused, shall be automatically accumulated for succeeding years, except that the total recorded accumulation in no event shall be more than ninety working days; provided that not more than fifteen days a year may be accumulated unless prior approval is secured by the employee from the employee's appointing authority for the accumulation of the full amount, the accumulation to be granted only for good cause shown; and provided further that 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 employee's appointing authority, 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 supervisor; otherwise the employee shall either automatically forfeit the excess or donate or assign the excess credit to a leave sharing program established by the legislature or any division thereof pursuant to section 78-26.

(c) An employee hired prior to July 1, 2003, with twenty or more years of service as of the effective date of this Act shall be entitled to and granted a vacation with pay each calendar year calculated at a rate of not less than that provided to employees with twenty or more years of service who are subject to chapter 89C.

(d) If an employee transfers employment to another state or county agency or the judiciary, or is discharged, whether voluntarily or involuntarily, the employee's vacation benefits shall be administered in accordance with section 78-23.

§22-C Sick leave for employees hired prior to July 1, 2003. (a) Employees hired prior to July 1, 2003, shall be entitled to and granted cumulative sick leave with pay calculated at the rate of one and three-quarters working days for each month of service. A month of service shall be deemed as a calendar month in which the employee performs not less than nineteen days of actual service or for months with less than nineteen working days, actual service on all available working days.

(b) Sick leave shall be calculated on a calendar year basis, the allowance accruing during each calendar year being credited to employees as of December 31 of each year. The sick leave provided for in this section, which is not used by a employee during the year in which it accrues, shall accumulate and be available for use in succeeding years. Whenever it is deemed necessary, particularly when an abuse has been indicated, an appointing authority may investigate any absence for which sick leave, with pay, is indicated. Upon finding that the employee's claim of illness was falsely made, the appointing authority shall take proper disciplinary action in accordance with policies adopted governing such matters. A licensed physician's certificate shall be required only when absences are five or more consecutive working days. Additional sick leave with pay, in excess of that which a employee is entitled to, may be granted with the written approval of the employee's appointing authority; 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.

§22-D Vacation leave for employees hired after June 30, 2003. Employees hired after June 30, 2003, shall be entitled to and granted a vacation with pay each calendar year calculated at a rate of not less than that provided to employees subject to chapter 89C.

§22-E Sick leave for employees hired after June 30, 2003. Employees hired after June 30, 2003, shall be entitled to and granted cumulative sick leave with pay calculated at a rate of not less than that provided to employees subject to chapter 89C."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:

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