HOUSE OF REPRESENTATIVES

H.B. NO.

745

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to leave.

 

 

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

 


     SECTION 1.  The legislature finds that it is crucial for parents to be involved in their children's education, in the school and in the home.  There is evidence that parent involvement improves student achievement and students whose parents are involved in their education have better grades, test scores, long-term academic achievement, attitudes, and behavior.

     The legislature further finds that with the constant demands placed on working families and the need to promote stability and economic security in the home, both parents should have the option of taking leave from their employment for purposes related to their children's education.  Currently, twelve states require employers to allow time for employees to participate in their children's educational activities.  California is amongst the most progressive states, giving parents who work for businesses with twenty-five or more employees up to forty hours per year to participate in school activities.

     The purpose of this Act is to prohibit employers who employ       employees or more from discharging or otherwise discriminating against an employee who is a parent, guardian, or grandparent having custody of one or more children in kindergarten or grades one through twelve for taking time off to participate in the employee's children's school activities; provided that certain requirements are met.

     SECTION 2.  Chapter 398, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§398-    Family school leave.  (a)  An employee, as defined in this section, who is a parent having custody of one or more children in kindergarten or grades one through twelve shall be entitled to a total of       hours of family school leave during any school year, not exceeding       hours in any calendar month of the school year, to participate in activities of the school of any child if the employee, prior to taking the time off, gives reasonable notice to the employer, as defined in this section, of the planned leave.  The family school leave authorized pursuant to this section shall be in addition to family leave authorized pursuant to section 398-3.

     (b)  If more than one parent of a child is employed by the same employer at the same work location, the leave permitted under subsection (a) shall apply only to the parent who first gives notice to the employer; provided that the other parent may take planned leave under subsection (a) simultaneously if the other parent obtains the employer's approval for the requested leave.

     (c)  The employee shall utilize existing vacation, sick leave, personal leave, or other compensatory time off for purposes of the planned leave authorized by this section, unless otherwise provided by a collective bargaining agreement entered into before July 1, 2013, and in effect on that date.  An employee may also utilize leave without pay for this purpose to the extent made available by the employer.  The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition that is agreed to on or after July 1, 2013.

     (d)  Notwithstanding subsection (c), in the event that all permanent, full-time employees of an employer are accorded vacation during the same period of time in the calendar year, an employee may not utilize that accrued vacation benefit at any other time for purposes of the planned leave authorized by this section.

     (e)  The employee, if requested by the employer, shall provide documentation from the school as proof that the employee participated in school activities on a specific date and at a particular time.

     (f)  For the purposes of this section:

     "Documentation" means any written verification of parental participation that the school deems appropriate and reasonable.

     "Employee" means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under this section.

     "Employer" means any individual or organization, including the State, any of its political subdivisions, any instrumentality of the State or its political subdivisions, any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who employs       or more employees at the same location for each working day during each of twenty or more calendar weeks in the current or preceding calendar year."

     SECTION 3.  Section 398-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this chapter[.] or to discharge or in any other manner discriminate against an employee for taking family school leave or attempting to take family school leave pursuant to section 398‑  ."

     SECTION 4.  Section 398-26, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§398-26[]]  Remedies.  (a)  In addition to all employment terms and benefits provided under section 398-7, remedies prescribed and ordered by the department or the court under this chapter may include any legal, equitable, and other relief the department or court deems appropriate.

     (b)  Relief under this section may include:

     (1)  The amount of any wages, salary, employment benefits, or other compensation denied or lost to the employee by reason of the violation; or

     (2)  In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to four weeks of wages or salary for the employee.

     (c)  An employer may be liable for an additional amount as liquidated damages equal to the sum of the applicable amount in subsection (b)(1) and (2); provided that if an employer who has violated this chapter proves to the satisfaction of the department or the court that the act or omission that violated this chapter was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this chapter, the department or the court may reduce the amount of the liability to the applicable amount determined under subsection (b)(1) or (2).

     (d)  If an employer is found by the department or the court to have violated section 398-   and wilfully refuses to rehire, promote, or otherwise restore an employee or former employee who has otherwise been determined by the department or the court to be eligible for rehiring or promotion, the employer shall be subject to a civil penalty in an amount equal to three times the amount of the employee's lost wages and benefits."

     SECTION 5.  Section 398-2, Hawaii Revised Statutes, is repealed.

     ["[§398-2]  Inapplicability.  The rights provided under this chapter shall not apply to employees of an employer with fewer than one hundred employees."]

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:

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Report Title:

Labor; Employment; Family School Leave; Education

 

Description:

Authorizes family school leave for employees of employers who employ an unspecified number of employees, provided certain requirements are met, so that employees may participate in their children's school activities.  Prohibits employers from discharging or otherwise discriminating against an employee for taking family school leave.  Allows for a civil penalty in an amount equal to three times the amount of the employee's lost wages and benefits in certain circumstances.

 

 

 

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