THE SENATE

S.B. NO.

360

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FAMILY LEAVE.

 

 

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

 

     SECTION 1.  The legislature finds that Hawaii's working families are not adequately supported during times of caregiving and illness.  According to a 2018 report commissioned by Aloha United Way, entitled "ALICE [Asset Limited, Income Constrained, Employed] a Study of Financial Hardship in Hawaii", forty-two per cent of families in Hawaii are living paycheck to paycheck.  While the federal Family and Medical Leave Act of 1993 allows twelve weeks of unpaid leave to employees who have worked at a business that employs fifty or more employees, the majority of Hawaii's workforce cannot afford to take unpaid leave to care for a new child or attend to the needs of a family member with a serious health condition.  Hawaii law, which offers a modest four-week extension of unpaid leave, is available only to employees of large employers with more than one hundred employees.

     The legislature further finds that in 2018, only seventeen per cent of workers in the United States had access to paid family leave through their employers.  Women, as primary caregivers of infants, children, and elderly parents, are disproportionately affected by the absence of paid family and medical leave.  According to AARP Hawaii, there are approximately 157,000 unpaid family caregivers in the State.  Hawaii has one of the fastest growing populations over the age of sixty-five in the nation; from 2020 to 2030, the percentage of people age sixty-five and over is expected to increase from 19.1 per cent to 22.5 per cent of the State's population.  Nearly one third of those who need but do not have access to family leave will need the time off to care for an ill spouse or elderly parent.

     The legislature additionally finds that the coronavirus disease 2019 (COVID-19) spread globally and was declared a pandemic by the World Health Organization on March 11, 2020.  Upon reaching Hawaii's shores, COVID-19 became a public health emergency that infected thousands of people, overwhelmed hospital capacities, created medical supply shortages, and claimed the lives of numerous Hawaii residents.  Enacting a comprehensive family leave program would allow employees whose family members are impacted by serious health conditions to provide adequate care for their loved ones.

     Accordingly, the purpose of this Act is to:

     (1)  Require the department of labor and industrial relations to study the development of a family leave insurance program that pays family leave insurance benefits and submit a report to the legislature prior to the regular session of 2024; and

     (2)  Appropriate funds and establish positions in the department of labor and industrial relations to conduct the study.

     SECTION 2.  (a)  The department of labor and industrial relations shall study the development of a family leave insurance program within the State that pays family leave insurance benefits.

     (b)  The department of labor and industrial relations shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature on its status and progress in developing a family leave insurance program no later than twenty days prior to the convening of the regular session of 2024.  The report shall address the development of a family leave insurance program that pays family leave insurance benefits, including but not limited to:

     (1)  The type of fund to be established;

     (2)  How the fund will be funded;

     (3)  Contribution rates;

     (4)  Coverage; and

     (5)  Non-duplication with other health benefits, such as:

          (A)  Sick leave;

          (B)  Temporary disability insurance; and

          (C)  Other benefits under collective bargaining units.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of       full-time equivalent (      FTE) positions to conduct the study under section 2 of this Act to expand the family leave program established pursuant to chapter 398, Hawaii Revised Statutes, through a family leave insurance program.

     The sums appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

     SECTION 4.  This Act shall take effect on January 1, 2050.

 

 

Report Title:

Department of Labor and Industrial Relations; Family Leave Insurance Program; Family Leave; Positions; Study; Appropriation

 

Description:

Requires the Department of Labor and Industrial Relations (DLIR) to study and submit a report to the Legislature that addresses the development of a family leave insurance program that pays family leave insurance benefits prior to the Regular Session of 2024.  Appropriates funds and establishes positions within DLIR to conduct the study.  Effective 1/1/2050.  (SD1)

 

 

 

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