REPORT TITLE:
Employment


DESCRIPTION:
Requires 48-hour notice of discharge where employee on authorized
leave.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2731
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EMPLOYMENT PRACTICES.



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

 1      SECTION 1.  Section 378-32, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§378-32  Unlawful suspension, discharge, or discrimination.
 
 4 It shall be unlawful for any employer to suspend, discharge, or
 
 5 discriminate against any of the employer's employees:
 
 6      (1)  Solely because the employer was summoned as a garnishee
 
 7           in a cause where the employee is the debtor or because
 
 8           the employee has filed a petition in proceedings for a
 
 9           wage earner plan under Chapter XIII of the Bankruptcy
 
10           Act; [or]
 
11      (2)  Solely because the employee has suffered a work injury
 
12           which arose out of and in the course of the employee's
 
13           employment with the employer and which is compensable
 
14           under chapter 386 unless the employee is no longer
 
15           capable of performing the employee's work as a result
 
16           of the work injury and the employer has no other
 
17           available work which the employee is capable of
 
18           performing.  Any employee who is discharged because of
 
19           the work injury shall be given first preference of
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           reemployment by the employer in any position which the
 
 2           employee is capable of performing and which becomes
 
 3           available after the discharge and during the period
 
 4           thereafter until the employee secures new employment.
 
 5           This paragraph shall not apply to any employer in whose
 
 6           employment there are less than three employees at the
 
 7           time of the work injury or who is a party to a
 
 8           collective bargaining agreement which prevents the
 
 9           continued employment or reemployment of the injured
 
10           employee; [or]
 
11      (3)  Because the employee testified or was subpoenaed to
 
12           testify in a proceeding under this part[.]; or
 
13      (4)  Without providing the employee with oral or written
 
14           notice of discharge within forty-eight hours following
 
15           the discharge if the employee is on any form of
 
16           authorized leave at the time of discharge.  Written
 
17           notice given in person to the employee or mailed to the
 
18           employee's last known address on file with the employer
 
19           within forty-eight hours of discharge shall constitute
 
20           compliance with this paragraph."
 
21      SECTION 2.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 3.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________