| 47 | | - | SECTION 1. The legislature finds that while the department of health has provided certain recommendations regarding COVID-19 exposure and quarantine, there are no guidelines for employers as to how an employee's wages, benefits, and leave are handled. This has created an issue for individuals who are fully vaccinated, have been exposed to COVID-19, but tested negative, and wish to return to work but cannot due to their employer's insistence that they remain in quarantine. The legislature further finds that it has become necessary to prohibit certain unfair practices with employee leave due to possible COVID-19 exposure. While there is no inherently unfair issue with an employer requiring an employee to remain in quarantine, an employee who is fully vaccinated, not sick, and tests negative should not be penalized by being forced to use their sick leave for their employer's demand. The purpose of this Act is to require an employer to provide to an employee paid leave when the employer requires the employee to stay home from work or prohibits the employee from returning to work because of the employee's exposure to a person who tested positive for COVID-19; provided that the employee is fully vaccinated and submits to a COVID-19 test within three days of being notified of the exposure, the results of which are negative. SECTION 2. Definitions. As used in this Act: "COVID-19" means coronavirus disease 2019, including any of its variants. "COVID-19 test" or "test" means a polymerase chain reaction test used to detect genetic material of the SARS-CoV-2 virus. "Employee" means a person who: (1) Is fully vaccinated against COVID-19; (2) May be permitted, required, or directed by an employer for wages or pay to engage in any employment; and (3) Has been employed by that employer for at least one month immediately preceding the commencement of leave provided under this Act. "Employee benefits" means all benefits, other than salary and wages, provided or made available to an employee by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer. "Employer" means any private: (1) Person; (2) Partnership; (3) Corporation; (4) Association; or (5) Other business entity, that employs a total of at least employees and non-vaccinated individuals. "Fully vaccinated" means a person who has received: (1) The primary series of COVID-19 vaccines; or (2) If applicable, all recommended booster doses, as determined by the United States Center for Disease Control and Protection. SECTION 3. Inapplicability. This Act shall not apply to any leave of absence provided to any public employee required to stay home from work or prohibited from returning to work because of COVID-19 exposure. SECTION 4. Leave requirement. (a) An employer shall provide to an employee paid leave when the employer requires the employee to stay home from work or prohibits the employee from returning to work because of the employee's exposure to a person who tested positive for COVID-19; provided that the employee: (1) Submits to a COVID-19 test within three days of being notified of the exposure, the results of which are negative, and submits written verification to the employer of the negative test result; and (2) Submits to the employer proof that they are fully vaccinated. (b) Any period of time during which an employee is required to be absent from work pursuant to this section shall not constitute a break in the employee's continuous service for the purpose of the employee's right to salary adjustments, sick leave, vacation, annual leave, or seniority. During any period that an employee is out from work pursuant to subsection (a), the employer shall maintain and pay for coverage under a group health plan, as defined in section 5000(b) of the Internal Revenue Code of 1986, as amended, for the full duration of the absence, in the same manner as the coverage would have been maintained if the employee had been actively at work during the period of absence. (c) This Act shall not affect the obligation of an employer to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this Act. (d) Notwithstanding any other provision to the contrary, paid leave provided pursuant to this section shall not be taken concurrently with any leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) or chapter 398, Hawaii Revised Statutes. (e) Paid leave provided pursuant to this section may be taken in one or more periods. SECTION 5. Restoration of employment. An employer, upon expiration of the paid leave authorized by this Act, shall restore an employee to the position held by the employee when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer may decline to restore an employee as required in this section because of conditions unrelated to the employee's exercise of rights under this Act. SECTION 6. Employee rights. (a) An employer shall not interfere with, restrain, or deny the exercise of, or an attempt to exercise, a right established by this Act. (b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who: (1) Exercises a right provided under this Act; or (2) Opposes a practice made unlawful by this Act. SECTION 7. Civil action. An employee may bring a civil action to enforce this Act. The court may enjoin any act or practice that violates this Act and may order any equitable relief necessary and appropriate to redress the violation or to enforce this Act. SECTION 8. This Act shall take effect on July 1, 2050, and shall be repealed on June 30, 2023. |
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| 47 | + | SECTION 1. The legislature finds that while the department of health has provided certain recommendations regarding COVID-19 exposure and quarantine, there are no guidelines for employers as to how an employee's wages, benefits, and leave are handled. This has created an issue for individuals who have been exposed, but tested negative, and wish to return to work but cannot due to their employer's insistence that they remain in quarantine. The legislature further finds that it has become necessary to prohibit certain unfair practices with employee leave due to possible COVID-19 exposure. While there is no inherently unfair issue with an employer requiring an employee to remain in quarantine, an employee who is not sick and tests negative should not be penalized by being forced to use their sick leave for their employer's demand. The purpose of this Act is to require an employer to provide to an employee paid leave when the employer requires the employee to stay home from work or prohibits the employee from returning to work because of the employee's exposure to a person who tested positive for COVID-19; provided that the employee submits to a COVID-19 test within three days of being notified of the exposure, the results of which are negative. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter pandemic leave § -1 Definitions. As used in this chapter: "COVID-19" means coronavirus disease 2019, including any of its variants. "Employee" means a person who may be permitted, required, or directed by an employer for wages or pay to engage in any employment and who has been employed by that employer for at least one month immediately preceding the commencement of leave provided under this chapter. "Employee benefits" means all benefits, other than salary and wages, provided or made available to an employee by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer. "Employer" means any private: (1) Person; (2) Partnership; (3) Corporation; (4) Association; or (5) Other business entity, that employs or more employees. § -2 Inapplicability. This chapter shall not apply to any leave of absence provided to any public employee required to stay home from work or prohibited from returning to work because of COVID-19 exposure pursuant to section 78- . § -3 Leave requirement. (a) An employer shall provide to an employee paid leave when the employer requires the employee to stay home from work or prohibits the employee from returning to work because of the employee's exposure to a person who tested positive for COVID-19; provided that the employee submits to a COVID-19 test within three days of being notified of the exposure, the results of which are negative; provided further that the employee shall submit written verification to the employer of the negative test result. (b) Any period of time during which an employee is required to be absent from work pursuant to this section shall not constitute a break in the employee's continuous service for the purpose of the employee's right to salary adjustments, sick leave, vacation, annual leave, or seniority. During any period that an employee is out from work pursuant to subsection (a), the employer shall maintain and pay for coverage under a group health plan, as defined in section 5000(b) of the Internal Revenue Code of 1986, as amended, for the full duration of the absence, in the same manner as the coverage would have been maintained if the employee had been actively at work during the period of absence. (c) This chapter shall not affect the obligation of an employer to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this chapter. (d) Notwithstanding any other provision to the contrary, paid leave provided pursuant to this section shall not be taken concurrently with any leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) or chapter 398. (e) Paid leave provided pursuant to this section may be taken in one or more periods. § -4 Restoration of employment. An employer, upon expiration of the paid leave authorized by this chapter, shall restore an employee to the position held by the employee when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer may decline to restore an employee as required in this section because of conditions unrelated to the employee's exercise of rights under this chapter. § -5 Employee rights. (a) An employer shall not interfere with, restrain, or deny the exercise of, or an attempt to exercise, a right established by this chapter. (b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who: (1) Exercises a right provided under this chapter; or (2) Opposes a practice made unlawful by this chapter. § -6 Civil action. An employee may bring a civil action to enforce this chapter. The court may enjoin any act or practice that violates this chapter and may order any equitable relief necessary and appropriate to redress the violation or to enforce this chapter." SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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