HOUSE OF REPRESENTATIVES	H.C.R. NO.	14
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING STATE AGENCIES TO offer reinstatement with back pay to EMPLOYEES WHO WERE dismissed or resigned from employment FOR NON-COMPLIANCE WITH VACCINATION OR TESTING MANDATES DURING THE CORONAVIRUS DISEASE 2019 PANDEMIC.

WHEREAS, in August 2021, the Governor issued an emergency proclamation that required public employees to either attest to being vaccinated against the coronavirus disease 2019 or agree to be tested regularly for the presence of the SARS-CoV-2 virus; and

WHEREAS, public employees who did not comply with the requirements of the emergency proclamation faced disciplinary action, including termination from employment; and

WHEREAS, other agencies in the State not under the Governor's control also issued policies requiring employees to be fully vaccinated or tested regularly; and

WHEREAS, any medical decision is a personal choice; and

WHEREAS, due to changes in the labor market during the coronavirus disease 2019 pandemic, the number of job vacancies across all state agencies has increased sharply; and

WHEREAS, currently, there are thousands of vacant public sector jobs across the State; and

WHEREAS, state agencies have faced difficulties recruiting individuals to fill these vacant positions; and

WHEREAS, some businesses in the State that previously implemented vaccination mandates have since offered former employees who resigned or were terminated from their positions due to noncompliance the option to return to their jobs; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the Senate concurring, that each state agency is requested to offer any person who resigned or was dismissed from employment with the state agency:

(1) While any proclamation, order, or policy was in effect that required, as a condition of continuing employment, vaccination against COVID-19 or regular testing for the presence of the SARS-CoV-2 virus as an alternative to vaccination; and

(2) Solely because the person did not comply or did not wish to comply with the terms of the proclamation, order, or policy described in paragraph (1),

the option to be reinstated, with back pay, to the position that the person held prior to their termination or an equivalent position if the person's position is no longer available; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, head of each principal state department, Chief Justice, and Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

OFFERED BY:

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Report Title:

Public Employment; Employees; COVID-19; Vaccination Policies; Emergency Proclamation; Reinstatement