Hawaii 2025 Regular Session

Hawaii Senate Bill SB859 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 THE SENATE S.B. NO. 859 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT Relating to Public Employment. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
22
33 THE SENATE S.B. NO. 859
44 THIRTY-THIRD LEGISLATURE, 2025
55 STATE OF HAWAII
66
77 THE SENATE
88
99 S.B. NO.
1010
1111 859
1212
1313 THIRTY-THIRD LEGISLATURE, 2025
1414
1515
1616
1717 STATE OF HAWAII
1818
1919
2020
2121
2222
2323
2424
2525
2626
2727
2828
2929
3030
3131 A BILL FOR AN ACT
3232
3333
3434
3535
3636
3737 Relating to Public Employment.
3838
3939
4040
4141
4242
4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
4444
4545
4646
4747 SECTION 1. Chapter 78, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . Paid family Leave §78-A Definitions. For the purposes of this part: "Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee. "Health care provider" means a physician as defined under section 386-1. "Parent" means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, or a grandparent-in-law. "Qualified employee" means an employee who has completed at least 1,250 hours of service over at least twelve months of service as an employee. "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek or hours per workday of a qualified employee. "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: (1) Inpatient care at a hospital, hospice, or residential medical care facility; or (2) Continuing treatment by a health care provider. "Sibling" means an individual who is a biological, adopted, or foster brother or sister; or a stepbrother or stepsister of an employee. §78-B Paid family leave; general requirements. (a) A qualified employee shall be entitled to a total of twelve weeks of paid leave during any twelve-month period for one or more of the following: (1) The birth of a child of the qualified employee and in order to care for the child; (2) The placement of a child with the qualified employee for adoption or foster care; or (3) To care for the qualified employee's spouse, reciprocal beneficiary, child, grandchild, parent, or sibling if the spouse, reciprocal beneficiary, child, grandchild, parent, or sibling has a serious health condition. (b) The entitlement to leave under subsection (a)(1) or (2) shall expire at the end of the twelve-month period beginning on the date of birth or placement of the child. (c) Leave under subsection (a)(1) and (2) shall not be taken by a qualified employee intermittently or on a reduced leave schedule unless the qualified employee and the employer agree otherwise. (d) Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule when medically necessary; provided that: (1) Any hours of leave taken shall be subtracted from the total amount of leave remaining available to the qualified employee under subsection (a), for purposes of the twelve-month period involved, on an hour-for-hour basis; (2) If a qualified employee requests intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment, the employer may require the qualified employee to transfer temporarily to an available alternative position offered by the employing agency for which the qualified employee is qualified and that: (A) Has equivalent pay and benefits; and (B) Better accommodates recurring periods of leave than the regular employment position of the qualified employee; and (3) The qualified employee complies with subsection (j) and section 78-C(a)(5). (e) A qualified employee taking leave under this section may elect to use one of the following types of paid leave: (1) Twelve administrative workweeks of paid family leave under this paragraph in connection with the birth or placement involved; or (2) During the twelve-month period referred to in subsection (a), and in addition to the twelve administrative workweeks under paragraph (1), any leave accrued or accumulated by the qualified employee; provided that nothing in this subsection shall be construed to require that a qualified employee first use all or any portion of the leave described in paragraph (2) before being allowed to use the paid parental leave described in paragraph (1); provided further that nothing in this section shall require an employer to provide paid sick leave in any situation in which the employer would not normally provide paid leave. (f) Paid family leave taken under subsection (e)(1): (1) Shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency; (2) Shall not be considered to be vacation leave or any other type of leave; and (3) If not used by the qualified employee before the end of the twelve-month period described in subsection (a) to which it relates, shall not accumulate for any subsequent use. Nothing in this subsection shall be construed to modify the requirement that the qualified employee complete at least twelve months of service as an employee, as described in the definition of "qualified employee" in section 78-A, before becoming eligible to take leave pursuant to this part. (g) A qualified employee shall not take leave under subsection (e)(1) unless the qualified employee agrees in writing, before the leave commences, to work for the applicable employing agency for not less than a period of twelve weeks beginning on the date the leave concludes; provided that: (1) The head of the agency shall waive this requirement in any instance where the qualified employee is unable to return to work because of the continuation, recurrence, or onset of a serious health condition, including a mental health condition, related to the applicable birth or placement of a child of the qualified employee or the child; and (2) The head of the employing agency may require that a qualified employee who claims to be unable to return to work because of a health condition described under paragraph (1) provide certification supporting that claim by the health care provider of the qualified employee or the child, as the case may be. The qualified employee shall provide the certification to the head in a timely manner. (h) If a qualified employee fails to return from paid leave provided under subsection (e)(1) after the date the leave concludes, the employing agency may recover from the qualified employee an amount equal to the total amount of government contributions paid by the agency on behalf of the qualified employee for maintaining the qualified employee's health coverage during the period of the leave; provided that this subsection shall not apply to a qualified employee who fails to return from leave due to: (1) The continuation, recurrence, or onset of a serious health condition as described under, and consistent with the requirements of, subsection (g); or (2) Any other circumstance beyond the control of the qualified employee. (i) In any case in which the necessity for leave under subsection (a)(1) or (2) is foreseeable based upon an expected birth or placement, the qualified employee shall provide the employer with not less than thirty days' notice before the date the leave is to begin of the qualified employee's intention to take leave, except that if the date of the birth or placement requires leave to begin in less than thirty days, the qualified employee shall provide as much notice as is practicable. (j) In any case in which the necessity for leave under subsection (a)(3) is foreseeable based on planned medical treatment, the qualified employee: (1) Shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the child, spouse, parent, or sibling of the qualified employee, as appropriate; and (2) Shall provide the employer with not less than thirty days' notice before the date the leave is to begin of the qualified employee's intention to take leave, except that if the date of the treatment requires leave to begin in less than thirty days, the qualified employee shall provide as much notice as is practicable. §78-C Paid family leave; certification requirements. (a) An employing agency may require that a request for leave under section 78-B(a)(3) be supported by certification issued by the health care provider of the child, spouse, parent, or sibling of the qualified employee. The qualified employee shall provide, in a timely manner, a copy of the certification to the employing agency. A certification shall be sufficient if it states: (1) The date that the serious health condition commenced; (2) The probable duration of the condition; (3) The appropriate medical facts within the knowledge of the health care provider regarding the condition; (4) A statement that the qualified employee is needed to care for the child, spouse, parent, or sibling, and an estimate of the amount of time that the qualified employee is needed to care for the child, spouse, parent, or sibling; and (5) In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates the treatment is expected to be given and the duration of the treatment. (b) In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a), the employer may require, at the expense of the agency, that the qualified employee obtain the opinion of a second health care provider designated or approved by the employing agency concerning any information certified under subsection (a) for the leave. Any health care provider designated or approved pursuant to this subsection shall not be employed on a regular basis by the employing agency. (c) In any case in which the second opinion described in subsection (b) differs from the original certification provided under subsection (a), the employing agency may require, at the expense of the agency, that the qualified employee obtain the opinion of a third health care provider designated or approved jointly by the employing agency and the qualified employee concerning the information certified under subsection (a). The opinion of the third health care provider concerning the information certified under subsection (a) shall be considered to be final and shall be binding on the employing agency and the qualified employee. (d) The employer may require, at the expense of the agency, that the qualified employee obtain subsequent recertifications on a reasonable basis. §78-D Paid family leave; protection of employment and benefits. (a) Any qualified employee who takes leave under section 78-B for the intended purpose of the leave shall be entitled, upon return from the leave: (1) To be restored by the employer to the position held by the qualified employee when the leave commenced; or (2) To be restored to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment. (b) The taking of leave under section 78-B shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. (c) Except as otherwise provided by law, nothing in subsections (a) or (b) shall be construed to entitle any restored qualified employee to: (1) The accrual of any employment benefits during any period of leave; or (2) Any right, benefit, or position of employment other than any right, benefit, or position to which the qualified employee would have been entitled had the qualified employee not taken the leave. (d) Nothing in this section shall be construed to prohibit an employing agency from requiring a qualified employee on leave under this section to report periodically to the employer on the status and intention of the qualified employee to return to work. §78-E Paid family leave; prohibition of coercion. (a) An employee shall not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with the exercise of any rights that the other employee may have under this part. (b) For purposes of this section: "Intimidate, threaten, or coerce" includes promising to confer or conferring any benefit, such as appointment, promotion, or compensation; or taking or threatening to take any reprisal, such as deprivation of appointment, promotion, or compensation. §78-F Paid family leave; health insurance. A qualified employee enrolled in a health benefits plan who is placed in a leave status pursuant to this part shall continue to be enrolled in that plan while in the leave status; provided that the qualified employee continues to pay any required employee contributions. §78-G Construction. The benefits and protections established by this part shall be in addition to any other benefits or protections offered by other federal, state, or county laws, including the federal Family and Medical Leave Act and chapter 398. Nothing in this part shall be construed to modify, eliminate, or otherwise abrogate any existing leave policies, employment benefits, or protections that employees may have pursuant to any other laws, employment contracts or collective bargaining agreements, to the extent that the laws, contracts, and agreements provide greater protections than those afforded under this part. §78-H Rules. The director shall adopt rules necessary for the administration of this part." SECTION 2. Chapter 78, Hawaii Revised Statutes, is amended by designating sections 78-1 to section 78-66 as part I, and inserting a title before section 78-1 to read as follows: "PART I. GENERAL PROVISIONS" SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. In codifying the new sections added in section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in the Act. SECTION 5. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
4848
4949 SECTION 1. Chapter 78, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
5050
5151 "Part . Paid family Leave
5252
5353 §78-A Definitions. For the purposes of this part:
5454
5555 "Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee.
5656
5757 "Health care provider" means a physician as defined under section 386-1.
5858
5959 "Parent" means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, or a grandparent-in-law.
6060
6161 "Qualified employee" means an employee who has completed at least 1,250 hours of service over at least twelve months of service as an employee.
6262
6363 "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek or hours per workday of a qualified employee.
6464
6565 "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:
6666
6767 (1) Inpatient care at a hospital, hospice, or residential medical care facility; or
6868
6969 (2) Continuing treatment by a health care provider.
7070
7171 "Sibling" means an individual who is a biological, adopted, or foster brother or sister; or a stepbrother or stepsister of an employee.
7272
7373 §78-B Paid family leave; general requirements. (a) A qualified employee shall be entitled to a total of twelve weeks of paid leave during any twelve-month period for one or more of the following:
7474
7575 (1) The birth of a child of the qualified employee and in order to care for the child;
7676
7777 (2) The placement of a child with the qualified employee for adoption or foster care; or
7878
7979 (3) To care for the qualified employee's spouse, reciprocal beneficiary, child, grandchild, parent, or sibling if the spouse, reciprocal beneficiary, child, grandchild, parent, or sibling has a serious health condition.
8080
8181 (b) The entitlement to leave under subsection (a)(1) or (2) shall expire at the end of the twelve-month period beginning on the date of birth or placement of the child.
8282
8383 (c) Leave under subsection (a)(1) and (2) shall not be taken by a qualified employee intermittently or on a reduced leave schedule unless the qualified employee and the employer agree otherwise.
8484
8585 (d) Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule when medically necessary; provided that:
8686
8787 (1) Any hours of leave taken shall be subtracted from the total amount of leave remaining available to the qualified employee under subsection (a), for purposes of the twelve-month period involved, on an hour-for-hour basis;
8888
8989 (2) If a qualified employee requests intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment, the employer may require the qualified employee to transfer temporarily to an available alternative position offered by the employing agency for which the qualified employee is qualified and that:
9090
9191 (A) Has equivalent pay and benefits; and
9292
9393 (B) Better accommodates recurring periods of leave than the regular employment position of the qualified employee; and
9494
9595 (3) The qualified employee complies with subsection (j) and section 78-C(a)(5).
9696
9797 (e) A qualified employee taking leave under this section may elect to use one of the following types of paid leave:
9898
9999 (1) Twelve administrative workweeks of paid family leave under this paragraph in connection with the birth or placement involved; or
100100
101101 (2) During the twelve-month period referred to in subsection (a), and in addition to the twelve administrative workweeks under paragraph (1), any leave accrued or accumulated by the qualified employee;
102102
103103 provided that nothing in this subsection shall be construed to require that a qualified employee first use all or any portion of the leave described in paragraph (2) before being allowed to use the paid parental leave described in paragraph (1); provided further that nothing in this section shall require an employer to provide paid sick leave in any situation in which the employer would not normally provide paid leave.
104104
105105 (f) Paid family leave taken under subsection (e)(1):
106106
107107 (1) Shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency;
108108
109109 (2) Shall not be considered to be vacation leave or any other type of leave; and
110110
111111 (3) If not used by the qualified employee before the end of the twelve-month period described in subsection (a) to which it relates, shall not accumulate for any subsequent use.
112112
113113 Nothing in this subsection shall be construed to modify the requirement that the qualified employee complete at least twelve months of service as an employee, as described in the definition of "qualified employee" in section 78-A, before becoming eligible to take leave pursuant to this part.
114114
115115 (g) A qualified employee shall not take leave under subsection (e)(1) unless the qualified employee agrees in writing, before the leave commences, to work for the applicable employing agency for not less than a period of twelve weeks beginning on the date the leave concludes; provided that:
116116
117117 (1) The head of the agency shall waive this requirement in any instance where the qualified employee is unable to return to work because of the continuation, recurrence, or onset of a serious health condition, including a mental health condition, related to the applicable birth or placement of a child of the qualified employee or the child; and
118118
119119 (2) The head of the employing agency may require that a qualified employee who claims to be unable to return to work because of a health condition described under paragraph (1) provide certification supporting that claim by the health care provider of the qualified employee or the child, as the case may be. The qualified employee shall provide the certification to the head in a timely manner.
120120
121121 (h) If a qualified employee fails to return from paid leave provided under subsection (e)(1) after the date the leave concludes, the employing agency may recover from the qualified employee an amount equal to the total amount of government contributions paid by the agency on behalf of the qualified employee for maintaining the qualified employee's health coverage during the period of the leave; provided that this subsection shall not apply to a qualified employee who fails to return from leave due to:
122122
123123 (1) The continuation, recurrence, or onset of a serious health condition as described under, and consistent with the requirements of, subsection (g); or
124124
125125 (2) Any other circumstance beyond the control of the qualified employee.
126126
127127 (i) In any case in which the necessity for leave under subsection (a)(1) or (2) is foreseeable based upon an expected birth or placement, the qualified employee shall provide the employer with not less than thirty days' notice before the date the leave is to begin of the qualified employee's intention to take leave, except that if the date of the birth or placement requires leave to begin in less than thirty days, the qualified employee shall provide as much notice as is practicable.
128128
129129 (j) In any case in which the necessity for leave under subsection (a)(3) is foreseeable based on planned medical treatment, the qualified employee:
130130
131131 (1) Shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the child, spouse, parent, or sibling of the qualified employee, as appropriate; and
132132
133133 (2) Shall provide the employer with not less than thirty days' notice before the date the leave is to begin of the qualified employee's intention to take leave, except that if the date of the treatment requires leave to begin in less than thirty days, the qualified employee shall provide as much notice as is practicable.
134134
135135 §78-C Paid family leave; certification requirements. (a) An employing agency may require that a request for leave under section 78-B(a)(3) be supported by certification issued by the health care provider of the child, spouse, parent, or sibling of the qualified employee. The qualified employee shall provide, in a timely manner, a copy of the certification to the employing agency. A certification shall be sufficient if it states:
136136
137137 (1) The date that the serious health condition commenced;
138138
139139 (2) The probable duration of the condition;
140140
141141 (3) The appropriate medical facts within the knowledge of the health care provider regarding the condition;
142142
143143 (4) A statement that the qualified employee is needed to care for the child, spouse, parent, or sibling, and an estimate of the amount of time that the qualified employee is needed to care for the child, spouse, parent, or sibling; and
144144
145145 (5) In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates the treatment is expected to be given and the duration of the treatment.
146146
147147 (b) In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a), the employer may require, at the expense of the agency, that the qualified employee obtain the opinion of a second health care provider designated or approved by the employing agency concerning any information certified under subsection (a) for the leave. Any health care provider designated or approved pursuant to this subsection shall not be employed on a regular basis by the employing agency.
148148
149149 (c) In any case in which the second opinion described in subsection (b) differs from the original certification provided under subsection (a), the employing agency may require, at the expense of the agency, that the qualified employee obtain the opinion of a third health care provider designated or approved jointly by the employing agency and the qualified employee concerning the information certified under subsection (a). The opinion of the third health care provider concerning the information certified under subsection (a) shall be considered to be final and shall be binding on the employing agency and the qualified employee.
150150
151151 (d) The employer may require, at the expense of the agency, that the qualified employee obtain subsequent recertifications on a reasonable basis.
152152
153153 §78-D Paid family leave; protection of employment and benefits. (a) Any qualified employee who takes leave under section 78-B for the intended purpose of the leave shall be entitled, upon return from the leave:
154154
155155 (1) To be restored by the employer to the position held by the qualified employee when the leave commenced; or
156156
157157 (2) To be restored to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.
158158
159159 (b) The taking of leave under section 78-B shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
160160
161161 (c) Except as otherwise provided by law, nothing in subsections (a) or (b) shall be construed to entitle any restored qualified employee to:
162162
163163 (1) The accrual of any employment benefits during any period of leave; or
164164
165165 (2) Any right, benefit, or position of employment other than any right, benefit, or position to which the qualified employee would have been entitled had the qualified employee not taken the leave.
166166
167167 (d) Nothing in this section shall be construed to prohibit an employing agency from requiring a qualified employee on leave under this section to report periodically to the employer on the status and intention of the qualified employee to return to work.
168168
169169 §78-E Paid family leave; prohibition of coercion. (a) An employee shall not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with the exercise of any rights that the other employee may have under this part.
170170
171171 (b) For purposes of this section:
172172
173173 "Intimidate, threaten, or coerce" includes promising to confer or conferring any benefit, such as appointment, promotion, or compensation; or taking or threatening to take any reprisal, such as deprivation of appointment, promotion, or compensation.
174174
175175 §78-F Paid family leave; health insurance. A qualified employee enrolled in a health benefits plan who is placed in a leave status pursuant to this part shall continue to be enrolled in that plan while in the leave status; provided that the qualified employee continues to pay any required employee contributions.
176176
177177 §78-G Construction. The benefits and protections established by this part shall be in addition to any other benefits or protections offered by other federal, state, or county laws, including the federal Family and Medical Leave Act and chapter 398. Nothing in this part shall be construed to modify, eliminate, or otherwise abrogate any existing leave policies, employment benefits, or protections that employees may have pursuant to any other laws, employment contracts or collective bargaining agreements, to the extent that the laws, contracts, and agreements provide greater protections than those afforded under this part.
178178
179179 §78-H Rules. The director shall adopt rules necessary for the administration of this part."
180180
181181 SECTION 2. Chapter 78, Hawaii Revised Statutes, is amended by designating sections 78-1 to section 78-66 as part I, and inserting a title before section 78-1 to read as follows:
182182
183183 "PART I. GENERAL PROVISIONS"
184184
185185 SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
186186
187187 SECTION 4. In codifying the new sections added in section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in the Act.
188188
189189 SECTION 5. New statutory material is underscored.
190190
191191 SECTION 6. This Act shall take effect upon its approval.
192192
193193
194194
195195 INTRODUCED BY: _____________________________
196196
197197 INTRODUCED BY:
198198
199199 _____________________________
200200
201201
202202
203203
204204
205205 Report Title: State and County Employees; Paid Family Leave Description: Establishes a paid family leave program for state and county employees. Authorizes a qualifying employee to take up to 12 weeks of paid leave for the birth or placement of a child or to care for a family member who has a serious health condition. Requires the employee to agree to subsequently work for the employer for at least 12 weeks upon return to service except under certain conditions. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
206206
207207
208208
209209
210210
211211
212212
213213 Report Title:
214214
215215 State and County Employees; Paid Family Leave
216216
217217
218218
219219 Description:
220220
221221 Establishes a paid family leave program for state and county employees. Authorizes a qualifying employee to take up to 12 weeks of paid leave for the birth or placement of a child or to care for a family member who has a serious health condition. Requires the employee to agree to subsequently work for the employer for at least 12 weeks upon return to service except under certain conditions.
222222
223223
224224
225225
226226
227227
228228
229229 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.