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THE SENATE |
S.B. NO. |
830 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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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 the ongoing coronavirus disease 2019 pandemic has profoundly impacted women and their ability to support themselves and their families. Women have experienced the majority of job losses since the start of the pandemic, and child care center and school closures have further undermined the ability of women to maintain paid employment. According to the United States Department of Labor, women left the job market at four times the rate of men in September 2020. Between August and September 2020, 865,000 women dropped out of the United States workforce compared to 211,000 men. The New York Times has referred to the loss of women from the workforce as a "shecession".
The legislature further finds that disruptions to the child care and education system have required women to function simultaneously as both an employee and a caregiver. The duality of roles is more challenging now than ever. Working from home is preferable to being forced out of the workforce en masse due to strict return-to-office policies.
The legislature further finds that issues pertaining to employee working conditions have historically been subject to collective bargaining negotiations between the employer and the exclusive bargaining representative. Since 2010, the department of human resources development has had a memoranda of understanding with the Hawaii government employees association that allows for teleworking and alternative work weeks; however, this does not authorize primary care during work hours for a child or children, elderly, ill or disabled person or a person who requires significant care as a valid reason to telework.
When Hawaii public schools closed their doors in mid-March 2020, thrusting its educational responsibilities onto parents, women overwhelmingly performed these additional tasks. Child care centers also closed for all but essential employees. As schools and child care programs reopen with reduced capacities, many women and families are left with no choice but to continue working and caregiving at the same time. In response, the department of human resources development created and implemented interim guidelines to expand permitted allowances for certain state employees to telework.
According to the department of human resources development, to date, many employers are allowing their employees to telework due to this ongoing caregiving challenge. The state office of planning, in partnership with the department of human resources development, office of enterprise technology services, and city and county of Honolulu, is surveying state and city workers on Oahu on their recent teleworking experience through its "Work Where You Live" project, to develop recommendations to improve state and city telecommuting and telework policies. The legislature believes that there is value in establishing telework and alternative work schedule policies and procedures prior to any collective bargaining agreements regarding teleworking and alternative work schedules between the employer and the exclusive employee representative.
Accordingly, the purpose of this Act is to direct the department of human resources development to convene a working group of stakeholders comprised of executive branch departments and affected exclusive bargaining representatives to:
(1) Update and create policies and procedures relating to telework and alternative work schedules to address the caregiving and other needs of state employees; and
(2) Submit a report of its findings and recommendations, including any proposed legislation and specific budget requests, to the legislature no later than twenty days prior to the convening of the regular session of 2022.
(b) The telework and alternative work schedules policy working group shall:
(1) Update the June 2, 2010, telework program guidelines to include caregiving as a valid reason to telework pursuant to the interim telework guidelines established June 18, 2020;
(2) Establish telework and alternative work schedule policies and procedures pursuant to subsection c of this Act;
(3) Identify types of employees eligible for telework or an alternative work schedule;
(4) Identify the broad categories of positions determined to be ineligible for telework or an alternative work schedule, and provide a justification for their ineligibility;
(5) Identify the use of alternative work locations from which to telework;
(6) Promote the benefits of telework and alternative work schedules; and
(7) Where feasible, promote the use of state information technology assets.
(d) The members of the telework and alternative work schedules policy working group shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, consulting fees, and administrative expenses such as photocopying, postage, stationery, and office supplies incidental to the performance of their duties.
SECTION 3. The department of human resources development
shall submit a report on its proposed telework and
alternative work schedule policies and procedures, including any recommendations
on proposed legislation or specific budget requests, to the legislature no
later than twenty days prior to the convening of the regular session of 2022.
SECTION 4. This Act shall take effect on July 1, 2021, and shall be repealed after the submittal of the report to the legislature in accordance with section 3 of this Act.
Report Title:
Telework; Department of Human Resources Development; Working Group; Report
Description:
Directs the department of human resources development to convene a working group of stakeholders to update and create policies and procedures relating to telework and alternative work schedules to address the caregiving responsibilities and other needs of state employees and submit a report on its proposed telework and alternative work schedule policies and procedures, including any recommendations on proposed legislation or specific budget requests, to the legislature no later than twenty days prior to the convening of the regular session of 2022. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.