TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO EMPLOYEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 78-26, Hawaii Revised Statutes, is amended to read as follows:
"§78-26 Leave sharing program.
The legislature, with regard to its employees, or the chief executive
of a jurisdiction may] Each state government branch shall establish
a leave sharing program to allow state employees to donate accumulated
vacation leave credits to another state employee [ within the same
jurisdiction] who has a serious personal illness or injury or who has a
family member who has a serious personal illness or injury[ .];
provided that the chief executive of a county may establish a leave sharing
program pursuant to this section for employees of a county. The program
shall allow employees who are not entitled to vacation leave to donate
accumulated sick leave credits.
The legislature, with regard to its
employees, or the director of a jurisdiction desiring to establish a leave
sharing program] Each state government branch, and a county that
establishes a leaving sharing program pursuant to this section, shall
develop rules governing donors, recipients, and an approval process that
ensures fair treatment and freedom from coercion of employees and imposes no
undue hardship on the employer's operations[ . If it is administratively
infeasible to allow leave sharing between different departments or different
bargaining units, the rules may limit leave sharing to employees within the
same department or same bargaining unit, as necessary.]; provided that a
state government branch shall not prohibit leave sharing between different
departments or bargaining units because of administrative infeasibility. At
a minimum, the rules shall require that an eligible recipient must have:
(1) No less than six months of service within the respective jurisdiction;
(2) Exhausted or is about to exhaust all vacation leave, sick leave, and compensatory time credits; provided that sick leave need not be exhausted when the illness or injury involves a family member;
(3) A personal illness or injury or a family member's illness or injury certified by a competent medical examiner as being serious and the cause of the recipient's inability to work; provided that the illness or injury is not covered under chapter 386 or, if covered, all benefits under chapter 386 have been exhausted; and
(4) No disciplinary record of sick leave abuse within the past two years.
Notwithstanding the requirements of chapter
91, the legislature may establish a leave sharing program for legislative
employees, in accordance with this section, under policies adopted separately
by each house of the legislature and each legislative service agency, or
jointly by any combination of entities thereof.]
(c) As used in this section, "state government branch" includes each department or agency of the state executive branch, judiciary, and legislature."
SECTION 2. Section 78-23, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Upon discharge, an employee 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
discharge, notwithstanding that the current accrued vacation allowance may not
have been recorded at the time. 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 such earned vacation, and any earned and
unpaid wages, shall be paid to 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 a public employee, or with the
department in which the employee was employed, or, failing the designation,
to the employee's estate."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. This Act shall take effect on January 7, 2059.
Shared Leave Program; State and County Employees; Designation of Beneficiary Form
Requires each state government branch to establish a shared leave program for state employees. Allows the chief executive of a county to establish a shared leave program for county employees. Precludes a state government branch from prohibiting leave sharing between different departments or bargaining units because of administrative infeasibility. Allows an employee's designation of beneficiary form to be filed with the department where the employee is employed and permits the designation to be made through a statement that is not verified or written, including through an electronically maintained statement. Effective 1/7/2059. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.