THIRTIETH LEGISLATURE, 2019
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. (a) [
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 leave 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 [
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 [
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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.