HB2279

Report Title:

Collective Bargaining

Description:

Allows collective bargaining process to vary family leave rights for collective bargaining employees.

HOUSE OF REPRESENTATIVES	H.B. NO.	2279
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to collective bargaining.

 

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

SECTION 1. Section 398-3, Hawaii Revised Statutes, is amended to read as follows:

"§398-3 Family leave requirement. (a) An employee shall be entitled to a total of four weeks of family leave, or such other period as may be collectively bargained, during any calendar year upon the birth of a child of the employee or the adoption of a child, or to care for the employee's child, spouse, [or] reciprocal beneficiary, or parent with a serious health condition.

(b) During each calendar year, the leave may be taken intermittently.

(c) Leave shall not be cumulative.

(d) If unpaid leave under this chapter conflicts with the unreduced compensation requirement for exempt employees under the federal Fair Labor Standards Act, an employer may require the employee to make up the leave within the same pay period.

(e) Nothing in this chapter shall entitle an employee to more than a total of four weeks of leave, or other collectively bargained amount, in any twelve-month period."

SECTION 2. Section 398-4, Hawaii Revised Statutes, is amended to read as follows:

"§398-4 Unpaid leave permitted; relationship to paid leave. (a) [Pursuant to section 398-3, an employee shall be entitled to four weeks of family leave.] The family leave shall consist of unpaid leave, paid leave, or a combination of paid and unpaid leave[. If], as may be collectively bargained. For non-bargaining employees, if an employer provides paid family leave for fewer than four weeks, the additional period of leave added to attain the four-week total may be unpaid.

(b) An employee or employer may elect to substitute any of the employee's accrued paid leaves such as sick, vacation, personal, or family leave for any part of the [four-week] period [in subsection (a)] of family leave; provided that an employer or employee may not substitute an employee's accrued sick leave in any situation under this chapter unless:

(1) Sick leave is normally granted for such purposes by an employer's policy or practice; or

(2) Upon mutual agreement by the employer and the employee."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2002.

INTRODUCED BY:	_____________________________