Hawaii 2022 Regular Session

Hawaii Senate Bill SB1252 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 1252 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to telework. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1252
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1252
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to telework.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§78- Public employee telework program. (a) An employer may establish and implement a telework program as: (1) An integral part of the employer's normal business operations, and require that specific job functions be performed through telework; (2) Part of an employer's continuity of operations plan where appropriate; or (3) An optional alternative work arrangement to support and accommodate employee needs. (b) An employer that has a telework program shall: (1) Establish a telework policy and post it on the employer's internet website to allow access by its employees and the public. The telework policy shall, at a minimum, set forth: (A) The positions and job functions that the employer deems appropriate for telework; (B) The eligibility criteria for employees to be authorized to telework; (C) The performance standards and system to monitor and evaluate the teleworking employee's work performance to ensure that teleworking does not diminish the employee's work performance; (D) Requirements that the teleworking employee must satisfy to ensure the appropriate use and maintenance of any equipment provided by the employer for teleworking purposes; (E) The physical and electronic information security controls that must be maintained by the teleworking employee at the telework site; (F) That teleworking employees are subject to the same policies and rules as similarly situated employees who are not teleworking; and (G) The terms and conditions upon which the telework arrangement shall be terminated; (2) Provide teleworking employees the equipment and supplies, including but not limited to a computer, printer, and scanner, that are reasonably necessary for the employee to perform the employee's job functions from the telework site. The employer may establish procedures that require a teleworking employee to obtain prior approval to purchase equipment reasonably necessary to perform the employee's job functions; and (3) Reimburse the teleworking employee for communication costs, such as internet and telephone expenses, to the extent those costs are reasonably necessary for the employee to perform the employee's job functions. The reimbursement to the employee may be made by: (A) Payment of the exact amount incurred by the teleworking employee to perform the employee's job functions; or (B) A monthly voucher, the amount of which is based upon the teleworking employee's reasonable estimate of the reimbursable expenses provided for in this subsection. The employer may require a teleworking employee to provide documentation to support the employee's reimbursable communication costs or the reasonable estimate thereof. (c) As used in this section: "Position" has the same meaning as defined in section 76‑11. "Telework" means a work arrangement that allows an employee to conduct all or part of the employee's job functions away from the employee's official worksite during all or a portion of the employee's established work hours on a temporary or regular basis. "Telework" does not include duties and responsibilities that, by their nature, are performed routinely in the field away from the official worksite." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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51	51	"§78- Public employee telework program. (a) An employer may establish and implement a telework program as:
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53	53	(1) An integral part of the employer's normal business operations, and require that specific job functions be performed through telework;
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55	55	(2) Part of an employer's continuity of operations plan where appropriate; or
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57	57	(3) An optional alternative work arrangement to support and accommodate employee needs.
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59	59	(b) An employer that has a telework program shall:
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61	61	(1) Establish a telework policy and post it on the employer's internet website to allow access by its employees and the public. The telework policy shall, at a minimum, set forth:
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63	63	(A) The positions and job functions that the employer deems appropriate for telework;
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65	65	(B) The eligibility criteria for employees to be authorized to telework;
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67	67	(C) The performance standards and system to monitor and evaluate the teleworking employee's work performance to ensure that teleworking does not diminish the employee's work performance;
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69	69	(D) Requirements that the teleworking employee must satisfy to ensure the appropriate use and maintenance of any equipment provided by the employer for teleworking purposes;
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71	71	(E) The physical and electronic information security controls that must be maintained by the teleworking employee at the telework site;
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73	73	(F) That teleworking employees are subject to the same policies and rules as similarly situated employees who are not teleworking; and
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75	75	(G) The terms and conditions upon which the telework arrangement shall be terminated;
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77	77	(2) Provide teleworking employees the equipment and supplies, including but not limited to a computer, printer, and scanner, that are reasonably necessary for the employee to perform the employee's job functions from the telework site. The employer may establish procedures that require a teleworking employee to obtain prior approval to purchase equipment reasonably necessary to perform the employee's job functions; and
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79	79	(3) Reimburse the teleworking employee for communication costs, such as internet and telephone expenses, to the extent those costs are reasonably necessary for the employee to perform the employee's job functions. The reimbursement to the employee may be made by:
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81	81	(A) Payment of the exact amount incurred by the teleworking employee to perform the employee's job functions; or
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83	83	(B) A monthly voucher, the amount of which is based upon the teleworking employee's reasonable estimate of the reimbursable expenses provided for in this subsection.
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85	85	The employer may require a teleworking employee to provide documentation to support the employee's reimbursable communication costs or the reasonable estimate thereof.
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87	87	(c) As used in this section:
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89	89	"Position" has the same meaning as defined in section 76‑11.
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91	91	"Telework" means a work arrangement that allows an employee to conduct all or part of the employee's job functions away from the employee's official worksite during all or a portion of the employee's established work hours on a temporary or regular basis. "Telework" does not include duties and responsibilities that, by their nature, are performed routinely in the field away from the official worksite."
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93	93	SECTION 2. New statutory material is underscored.
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95	95	SECTION 3. This Act shall take effect upon its approval.
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99	99	INTRODUCED BY: _____________________________
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101	101	INTRODUCED BY:
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109	109	Report Title: Teleworking; Government Employees; Physical Equipment Description: Allows public employers to establish and implement a telework program. Requires public employers with a telework program to establish a telework policy and post it on the employer's internet website; provide the teleworking employees with equipment that is reasonably necessary to perform their job functions at the teleworking site; and reimburse teleworking employees with communication costs incurred by teleworking. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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115	115	Report Title:
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117	117	Teleworking; Government Employees; Physical Equipment
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121	121	Description:
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123	123	Allows public employers to establish and implement a telework program. Requires public employers with a telework program to establish a telework policy and post it on the employer's internet website; provide the teleworking employees with equipment that is reasonably necessary to perform their job functions at the teleworking site; and reimburse teleworking employees with communication costs incurred by teleworking.
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131	131	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.