STAND. COM. REP. NO. 512

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 425

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 425 entitled:

 

"A BILL FOR AN ACT RELATING TO LABOR,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to require certain employers with fifty or more employees to provide paid sick leave to service workers.

 

     Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women; Democratic Party of Hawaii; Americans for Democratic Action; Hawaii State AFL-CIO; Hawaii Government Employees Association, AFSCME, Local 152, AFL-CIO; Hawaii Children's Action Network; Hawaii Women's Coalition; and ILWU Local 142.  Your Committee received testimony in opposition to this measure from ABC Stores, Chamber of Commerce Hawaii, Hawaii Crop Improvement Association, Hawaii Food Industry Association, Maui Chamber of Commerce, Retail Merchants of Hawaii, Hawaii Lodging & Tourism Association, Society for Human Resource Management-Hawaii Chapter, National Federation of Independent Business, Gyotaku Japanese Restaurant, Highway Inn, Il Gelato Hawaii, Aiea Bowl, Tiki's Grill & Bar, and two individuals.  Your Committee received comments on this measure from the Department of Labor and Industrial Relations.

 

     Your Committee finds that service workers who do not receive sick leave benefits may work while sick to avoid disciplinary action by an employer or financial hardship, thereby exacerbating their illness or placing co-workers and the public at risk if the illness is contagious.  Your Committee finds that it is in the interest of the health and safety of employees and the public that service workers be allotted sick time to promote recovery and mitigate the spread of illnesses.

 

     Your Committee finds that this measure is an appropriate vehicle in which to include the intent of S.B. No. 516, Regular Session of 2017, which allows an employee to take family leave in addition to victim leave when the employee or employee's minor child is a victim of domestic or sexual violence, as Part II, taking into consideration the amendments proposed in the testimony of the Department of Labor and Industrial Relations on S.B. No. 516 to amend section 378-73, Hawaii Revised Statutes, rather than chapter 398, Hawaii Revised Statutes.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting Part II, which provides that an employee need not exhaust family leave benefits under chapter 398, Hawaii Revised Statutes, prior to taking victim leave under chapter 378, Hawaii Revised Statutes;

 

     (2)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     Your Committee notes that one of the main issues to consider as this measure moves forward is whether the victim leave benefits inserted as Part II of this measure are in addition to certain other leave benefits.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 425, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 425, S.D. 1, and be referred to your Committee on Ways and Means.

 


Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair