STAND. COM. REP. 1125

Honolulu, Hawaii

, 2003

RE: S.B. No. 931

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred S.B. No. 931, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HAWAII VICTIMS LEAVE ACT,"

begs leave to report as follows:

The purpose of this bill is to assist victims of domestic violence, sexual assault, or stalking. Specifically, this bill:

(1) Enables victims of domestic or sexual violence to maintain the financial independence necessary to leave abusive situations, achieve safety, and minimize the physical and emotional injuries from domestic or sexual violence;

(2) Attempts to reduce the devastating economic consequences of domestic or sexual violence to employees and employers;

(3) Ensures that victims of domestic or sexual violence can recover from and cope with the effects of such violence and participate in criminal and civil justice processes, without fear of adverse economic consequences from their employers; and

(4) Ensures that victims of domestic or sexual violence can recover from the effects of such violence and participate in criminal and civil justice processes without fear of personal adverse economic consequences.

The Hawaii State Commission on the Status of Women, Domestic Violence Clearinghouse and Legal Hotline (DVCLH), Hawaii Women Lawyers, Department of Labor and Industrial Relations (DLIR), Hawaii State Coalition Against Domestic Violence, and ILWU, Local 142 testified in support of this bill.

The Department of Human Resources Development (DHRD) provided testimony supporting the intent of the bill, but noted that it had four important concerns, including:

(1) The conflict with current collective bargaining laws and collective bargaining agreements;

(2) The more than adequate leave provided by the State;

(3) The potential for employees to stack leaves; and

(4) The creation of a private right of action for employees against employers.

The Society for Human Resource Management (SHRM) and The Chamber of Commerce opposed this bill.

During the public hearing on this measure, DHRD informed your Committee that the Governor, DLIR, and DHRD had met to discuss the bill, and that each supported the bill, notwithstanding the major concerns noted by DHRD in its testimony. Unfortunately, your Committee was unable to address the inconsistencies between the testimony submitted by DLIR and DHRD as there was no representative from DLIR at the hearing.

Your Committee is hopeful that the Administration's support for employee leave, as evidenced in its support of this measure, will be applied consistently to other employee leave measures, and in particular H.B. No. 389, H.D. 2, which to date, both DLIR and DHRD have consistently opposed as anti-business.

It should be noted, however, that, unlike the present measure, H.B. No. 389, H.D. 2, does not require employers to provide any more leave than they are already required to provide under the law, or require them to provide sick leave that the employee has not already accrued. Rather, H.B. No. 389, H.D. 2, requires employers of 100 or more employees, who must currently provide four weeks of unpaid leave under chapter 398, Hawaii Revised Statutes (HRS), to permit employees to use up to ten days of their accrued sick leave for family leave purposes.

It is the requirement of additional leave that concerns your Committee most about the present measure, despite the Administration's support of this bill. Specifically, this bill would require employers with less than 50 employees to provide five days of unpaid leave for victims of domestic violence, sexual assault, or stalking. Currently, employers of this size are not subject to state or federal unpaid leave laws. Further, this bill would require employers of 50 or more employees to provide 30 days of unpaid leave, in addition to leave required under the federal family and medical leave law.

Your Committee has endeavored to maintain the fine balance between meeting employee needs, while attempting to address the concerns of the business community. While your Committee understands and supports the intent of this measure, your Committee cannot escape or ignore the economic realities faced by the business community. Accordingly, your Committee directed representatives of DHRD, DVCLH, and SHRM to collaborate on language addressing your Committee's concerns, including its effect on collective bargaining, stacking of leave, and certification and notification requirements. Although the representatives met, only DHRD and DVC reached consensus on language.

After careful consideration, your Committee has incorporated the compromise language agreed to by DHRD and DVC and has amended this bill by:

    1. Including the definitions of "child", "employee", and "health care provider" that are consistent with the definitions in chapter 398, Hawaii Revised Statutes;
    2. Including language concerning the relationship of victim leave benefits to other leaves, including those provided by federal and state paid and unpaid leave laws, and leave provided by collective bargaining agreements; and
    3. Deleting language concerning the diminishment of victim rights benefits by employment agreement, collective bargaining agreement, or employment benefits program or plan.

In addition, your Committee has made technical, nonsubstantive amendments for purposes of clarity, style, and conformity.

It is the hope of your Committee that the dialogue between the Administration and DVCLH on the one hand, and the business community on the other hand does not end. Indeed, your Committee cannot sufficiently stress the importance of good faith effort on the part of all the parties to reach a compromise.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 931, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 931, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,

 

____________________________

MARCUS R. OSHIRO, Chair