STAND. COM. REP. NO.  1551

 

Honolulu, Hawaii

                , 2011

 

RE:   S.B. No. 1076

      S.D. 1

      H.D. 3

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Finance, to which was referred S.B. No. 1076, S.D. 1, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO EMPLOYMENT PRACTICES,"

 

begs leave to report as follows:

 

     The purpose of this bill is to provide employees with greater protection by making it unlawful, under specified conditions, for an employer or labor organization to bar or discharge from employment, withhold pay from, or demote an employee because the employee uses accrued and available sick leave, with certain exceptions.

 

     The Department of Labor and Industrial Relations; Labor Caucus of the Democratic Party of Hawaii; United Public Workers, AFSCME, Local 646, AFL-CIO; International Brotherhood of Electrical Workers, International Brotherhood of Electrical Workers Local 1260; International Brotherhood of Electrical Workers Local Union 1357; Hawaii State AFL-CIO; ILWU Local 142; Pride At Work Hawaii; Plumbers and Fitters Union, Local 675; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and many concerned individuals supported this bill.  The Chamber of Commerce of Hawaii; National Federation of Independent Business; Society for Human Resource Management-Hawaii Chapter; Hawaiian Telcom; Hawaiian Electric Company, Inc.; Hawaii Electric Light Company, Inc.; Maui Electric Company, Limited; Finance Factors, Ltd.; and General Contractors Association of Hawaii opposed this measure.  The Hawaii State Teachers Association provided comments.

 

     Your Committee has amended this bill by:

 

     (1)  Removing provisions that permit employers and labor organizations to take adverse action against an employee if the employee is unable to fulfill the essential job functions or requirements of the employee's position;

 

     (2)  Removing provisions that specify that in taking adverse action against an employee, the employer must comply with all federal, state, and county laws providing for protected leave; and

 

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1076, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1076, S.D. 1, H.D. 3.

 

Respectfully submitted on behalf of the members of the Committee on Finance,

 

 

 

 

____________________________

MARCUS R. OSHIRO, Chair