Report Title:

Employment; Quarantine

Description:

Prevents adverse action by employer against an employee who refrains from working to comply with a quarantine order to ensure the public health.

HOUSE OF REPRESENTATIVES	H.B. NO.	2311
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to employment.

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

     SECTION 1.  The legislature finds that it is important to ensure that employees will not face adverse action from employers for being absent from work when complying with a quarantine order to protect public health.

     The legislature recognizes that the combination of today's global traveling and the increasing occurrence of infectious diseases poses a substantial risk to the public health and safety.  For example, the 2003 outbreak of severe acute respiratory syndrome required quarantines in Asia and Canada on a large scale.  Additional infectious diseases are expected to arise that will require containment measures to protect public health.  Quarantine has been proven effective in stopping the spread of infectious diseases and protecting public health.  Individual quarantine might also be necessitated by the continued threat of bioterrorism.

     The purpose of this Act is to prohibit adverse action by an employer against an employee who complies with a quarantine order to ensure the public health.

     SECTION 2.  Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to part I to read as follows:

     "§378-    Quarantine; discharge from employment prohibited. (a)  No employer shall take any adverse action against an employee who complies with a quarantine order issued by the department of health, Centers for Disease Control and Prevention of the United States Department of Health and Human Services, or any court of the State to protect the public health.

(b)  For purposes of this section, "adverse action" means:  discharging the employee; taking or failing to take action regarding an employee's promotion or proposed promotion; taking action to reduce an employee's wages or benefits for actual time worked; or otherwise disciplining, threatening, or penalizing the employee."

     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.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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