HOUSE OF REPRESENTATIVES

H.B. NO.

2250

TWENTY-NINTH LEGISLATURE, 2018

H.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 routine medical care is crucial to the health of Hawaii's keiki.  For this reason, parents should be encouraged to take their children to the doctor, particularly for regular or routine visits, and should be supported when they do. 

     Under current law, however, parents generally do not qualify to use sick leave to take a child to receive medical care unless the child is gravely ill.  Hawaii's chapter 398 and the federal Family and Medical Leave Act of 1993 both require a child to have a "serious health condition" before the need to care for that child becomes a qualifying reason for a parent to use sick leave.  The legislature finds that the health of Hawaii's keiki would benefit from more routine medical care visits if this restriction were lifted. 

     Studies have shown that the existing system causes many parents to take a child with a mild illness to urgent care or emergency room care instead of a pediatrician.  Parents often choose urgent or emergency care in such situations due to their inability to take sick leave from work, as such facilities tend to have extended hours.  This practice is expensive and inefficient, and leads to increased health care costs, longer waits in the ER, and poor outcomes.  In addition, parents are urged to bring their children to Well-Child visits at regular intervals for routine checks and immunizations to prevent diseases from developing or worsening.  But children up to the age of 18 are unable to give consent for their medical treatment, and require the accompaniment of a parent or legal guardian to receive healthcare.  For these reasons, the legislature finds that family leave for child medical care must be expanded to accommodate a healthy community.

     The legislature further finds, however, that the basic structure of family leave policy should not otherwise be altered.  Small businesses that are exempt from sick leave requirements under current law and that choose not to voluntarily offer sick leave should not be forced into a different choice.  If they were, many existing small businesses would not be able to afford the cost of compliance.  On the other hand, a child in need of routine medical care or suffering from a mild illness can create a socioeconomic emergency for parents. 

     The purpose of this Act is to add routine medical care for a child as a qualifying reason for an employee to use family leave under the family leave law.

     SECTION 2.  Section 398-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Routine medical care" means any type of medical care sought from a health care provider or other medical professional, regardless of the seriousness of the health condition being treated, including but not limited to preventative care."

     SECTION 3.  Section 398-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  An employee shall be entitled to a total of four weeks of family leave during any calendar year:

     (1)  Upon the birth of a child of the employee or the adoption of a child; [or]

     (2)  To care for the employee's child, spouse, reciprocal beneficiary, sibling, or parent with a serious health condition[.]; or

     (3)  To provide a child with routine medical care."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2050.


 


 

Report Title:

Family Leave; Sick Leave; Children; Medical Care

 

Description:

Adds routine medical care for a child as a qualifying reason for an employee to use family leave under the Family Leave Law.  (HB2250 HD1)

 

 

 

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