Hawaii 2024 Regular Session

Hawaii Senate Bill SB360 Compare Versions

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

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1	1	THE SENATE S.B. NO. 360 THIRTY-SECOND LEGISLATURE, 2023 S.D. 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO FAMILY LEAVE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 360
4	4	THIRTY-SECOND LEGISLATURE, 2023 S.D. 2
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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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 FAMILY LEAVE.
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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. The legislature finds that Hawaii's working families are not adequately supported during times of caregiving and illness. According to a 2018 report commissioned by Aloha United Way, entitled "ALICE [Asset Limited, Income Constrained, Employed]: a Study of Financial Hardship in Hawaii", forty-two per cent of families in Hawaii are living paycheck to paycheck. While the federal Family and Medical Leave Act of 1993 allows twelve weeks of unpaid leave to employees who have worked at a business that employs fifty or more employees, the majority of Hawaii's workforce cannot afford to take unpaid leave to care for a new child or attend to the needs of a family member who has a serious health condition. Hawaii law, which offers a modest four-week extension of unpaid leave, is available only to employees of large employers having more than one hundred employees. The legislature further finds that in 2018, only seventeen per cent of workers in the United States had access to paid family leave through their employers. Women, as primary caregivers of infants, children, and elderly parents, are disproportionately affected by the absence of paid family and medical leave. According to AARP Hawaii, there are approximately 157,000 unpaid family caregivers in the State. Hawaii has one of the fastest growing populations over the age of sixty-five in the nation; from 2020 to 2030, the percentage of people age sixty-five and over is expected to increase from 19.1 per cent to 22.5 per cent of the State's population. Nearly one third of those who need but do not have access to family leave will need the time off to care for an ill spouse or elderly parent. The legislature additionally finds that the coronavirus disease 2019 (COVID-19) spread globally and was declared a pandemic by the World Health Organization on March 11, 2020. Upon reaching Hawaii's shores, COVID-19 became a public health emergency that infected thousands of people, overwhelmed hospital capacities, created medical supply shortages, and claimed the lives of numerous Hawaii residents. Enacting a comprehensive family leave program would allow employees whose family members are impacted by serious health conditions to provide adequate care for their loved ones. Accordingly, the purpose of this Act is to: (1) Require the department of labor and industrial relations develop a procedural manual for a family leave insurance program that pays family leave insurance benefits and submit a report to the legislature prior to the regular session of 2025; and (2) Appropriate funds. SECTION 2. (a) The department of labor and industrial relations, in consultation with the insurance commissioner, shall develop a procedural manual to implement a family leave insurance program within the State to pay family leave insurance benefits. The study shall consider the following: (1) The type of fund to be established; (2) How the fund will be funded; (3) Contribution rates; (4) Coverage; and (5) Non-duplication with other health benefits, such as: (A) Sick leave; (B) Temporary disability insurance; and (C) Other benefits under collective bargaining units. (b) The department of labor and industrial relations shall submit a report of the department's: (1) Status and progress in developing a family leave insurance program; and (2) Findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025. SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to address the requirements in section 2 to expand the family leave program established pursuant to chapter 398, Hawaii Revised Statutes, through a family leave insurance program. The sums appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act. SECTION 4. This Act shall take effect on January 1, 2050.
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49	49	SECTION 1. The legislature finds that Hawaii's working families are not adequately supported during times of caregiving and illness. According to a 2018 report commissioned by Aloha United Way, entitled "ALICE [Asset Limited, Income Constrained, Employed]: a Study of Financial Hardship in Hawaii", forty-two per cent of families in Hawaii are living paycheck to paycheck. While the federal Family and Medical Leave Act of 1993 allows twelve weeks of unpaid leave to employees who have worked at a business that employs fifty or more employees, the majority of Hawaii's workforce cannot afford to take unpaid leave to care for a new child or attend to the needs of a family member who has a serious health condition. Hawaii law, which offers a modest four-week extension of unpaid leave, is available only to employees of large employers having more than one hundred employees.
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51	51	The legislature further finds that in 2018, only seventeen per cent of workers in the United States had access to paid family leave through their employers. Women, as primary caregivers of infants, children, and elderly parents, are disproportionately affected by the absence of paid family and medical leave. According to AARP Hawaii, there are approximately 157,000 unpaid family caregivers in the State. Hawaii has one of the fastest growing populations over the age of sixty-five in the nation; from 2020 to 2030, the percentage of people age sixty-five and over is expected to increase from 19.1 per cent to 22.5 per cent of the State's population. Nearly one third of those who need but do not have access to family leave will need the time off to care for an ill spouse or elderly parent.
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53	53	The legislature additionally finds that the coronavirus disease 2019 (COVID-19) spread globally and was declared a pandemic by the World Health Organization on March 11, 2020. Upon reaching Hawaii's shores, COVID-19 became a public health emergency that infected thousands of people, overwhelmed hospital capacities, created medical supply shortages, and claimed the lives of numerous Hawaii residents. Enacting a comprehensive family leave program would allow employees whose family members are impacted by serious health conditions to provide adequate care for their loved ones.
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55	55	Accordingly, the purpose of this Act is to:
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57	57	(1) Require the department of labor and industrial relations develop a procedural manual for a family leave insurance program that pays family leave insurance benefits and submit a report to the legislature prior to the regular session of 2025; and
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59	59	(2) Appropriate funds.
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61	61	SECTION 2. (a) The department of labor and industrial relations, in consultation with the insurance commissioner, shall develop a procedural manual to implement a family leave insurance program within the State to pay family leave insurance benefits. The study shall consider the following:
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63	63	(1) The type of fund to be established;
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65	65	(2) How the fund will be funded;
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67	67	(3) Contribution rates;
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69	69	(4) Coverage; and
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71	71	(5) Non-duplication with other health benefits, such as:
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73	73	(A) Sick leave;
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75	75	(B) Temporary disability insurance; and
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77	77	(C) Other benefits under collective bargaining units.
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79	79	(b) The department of labor and industrial relations shall submit a report of the department's:
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81	81	(1) Status and progress in developing a family leave insurance program; and
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83	83	(2) Findings and recommendations, including any proposed legislation,
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85	85	to the legislature no later than twenty days prior to the convening of the regular session of 2025.
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87	87	SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to address the requirements in section 2 to expand the family leave program established pursuant to chapter 398, Hawaii Revised Statutes, through a family leave insurance program.
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89	89	The sums appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.
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91	91	SECTION 4. This Act shall take effect on January 1, 2050.
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93	93	Report Title: DLIR; Insurance Commissioner; Family Leave Insurance Program; Family Leave; Positions; Procedural Manual; Appropriation Description: Requires the Department of Labor and Industrial Relations, in consultation with the Insurance Commissioner, to develop a procedural manual to implement a family leave insurance program that pays family leave insurance benefits. Appropriates funds. Effective 1/1/2050. (SD2) 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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97	97	Report Title:
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99	99	DLIR; Insurance Commissioner; Family Leave Insurance Program; Family Leave; Positions; Procedural Manual; Appropriation
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103	103	Description:
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105	105	Requires the Department of Labor and Industrial Relations, in consultation with the Insurance Commissioner, to develop a procedural manual to implement a family leave insurance program that pays family leave insurance benefits. Appropriates funds. Effective 1/1/2050. (SD2)
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113	113	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.