| 43 | | - | WHEREAS, the United States is the only remaining industrialized nation without mandated access to paid family and medical leave benefits for private sector employees under federal law; and WHEREAS, paid family and medical leave programs have been enacted in thirteen states and Washington, D.C. as of January 2024; and WHEREAS, existing State law does not require employers to provide paid family and medical leave to employees; and WHEREAS, the federal Family and Medical Leave Act of 1993 (FMLA) requires employers with fifty of more employees to provide unpaid family and medical leave to their employees and existing Hawaii law requires employers with one hundred or more employees to provide unpaid family leave to their employees; and WHEREAS, ninety-six percent of private employers in the State, however, have fewer than fifty employees, and are therefore not statutorily required to provide unpaid family and medical leave under the FMLA or family leave under existing state law; and WHEREAS, as a result, only one in four private sector workers in the State have access to paid family and medical leave, voluntarily provided by their employers; and WHEREAS, according to a May 2020 report published by the AARP and National Alliance for Caregiving, there are nearly forty-eight million family caregivers in the United States, of which sixty-one percent are working while juggling caregiving responsibilities; and WHEREAS, a family caregiver is a relative, partner, friend, or neighbor who has a significant personal relationship with, and who provides a broad range of assistance for, an older person or an adult with a chronic, disabling, or serious health condition; and WHEREAS, family caregivers are the backbone of the long‑term care system in the State, especially in the context of the ongoing health care workforce shortage; and WHEREAS, according to the Valuing the Invaluable: 2023 Update report published by AARP in March 2023, there are 154,000 family caregivers in the State, contributing 144 million hours of unpaid services, worth an estimated $2.6 billion; and WHEREAS, family caregivers face many physical, emotional, and financial challenges, especially because they are often required to balance unpaid caregiving duties with employment and other personal responsibilities; and WHEREAS, a survey conducted in 2023 by AARP and S&P Global showed that sixty-seven percent of family caregivers are having difficulty balancing their jobs with caregiving duties; twenty‑seven percent of working caregivers have shifted from full‑time to part‑time work or have reduced work hours and sixteen percent have turned down a promotion; sixteen percent have stopped working entirely for a period of time; and thirteen percent have changed employers to meet caregiving responsibilities; and WHEREAS, during the past two decades, heightened attention has been given to the dual responsibilities of "sandwich generation" caregivers, who are family caregivers sandwiched between a younger generation--children or grandchildren they care for--and an older one--an older family member or friend for whom they also provide care; and WHEREAS, in 2019, thirty percent of family caregivers in the United States were sandwich generation caregivers, who generally span ages thirty-five to sixty-four and are more likely than other caregivers to be working while performing their caregiving responsibilities; and WHEREAS, as a result of the dual-generation care demands, sandwich generation caregivers report higher levels of emotional and financial strain; and WHEREAS, inequity in the existing socioeconomic structure and support infrastructure are also subjecting working women and people of color to be unequally burdened by caregiving duties and economic hardships due to caregiving; and WHEREAS, a paid family and medical leave program would enable family caregivers to take a limited period of time off from work to care of loved ones without fear of losing their jobs or income; and WHEREAS, paid family and medical leave programs are associated with improved outcomes in the earliest years of life for individuals, including higher rates of breastfeeding and immunization and lower rates of child abuse, domestic violence, and financial instability; and WHEREAS, in the face of the current workforce shortage, a paid family and medical leave program would incentivize individuals to join the labor market and improve employee retention, filling gaps and saving employers long-term recruitment and training costs; and WHEREAS, most small businesses in the State however, cannot finance a privately-funded paid family and medical leave insurance program that can provide benefits for all of their employees; and WHEREAS, a state-administered paid family and medical leave program would benefit the State's workforce while reducing the financial burden for employers compared to a privately funded alternative; now, therefore, BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Department of Labor and Industrial Relations is requested to convene a working group to develop recommendations for establishing and implementing a paid family and medical leave program for the State; and BE IT FURTHER RESOLVED that the Department of Labor and Industrial Relations is requested to conduct an actuarial study of the State's workforce, employers, potential beneficiaries, and other elements necessary to implement a paid family and medical leave program; and BE IT FURTHER RESOLVED that the working group is requested to: (1) Recommend parameters for a statewide paid family and medical leave program that benefits both public and private sector workers; (2) Review the impacts of federal and state laws, including the federal Employee Retirement Income Security Act of 1974; federal Family and Medical Leave Act of 1993; Prepaid Health Care Act, codified at chapter 393, Hawaii Revised Statutes; and Hawaii Family Leave Law, codified at chapter 398, Hawaii Revised Statutes; federal and state regulations; and any relevant programs, on the establishment of a paid family and medical leave program; (3) Review independent studies, research, and other information regarding paid family and medical leave; (4) Develop an implementation plan that considers the findings of the actuarial study conducted by the Department of Labor and Industrial Relations and outlines an administrative framework for paid family and medical leave, including departmental oversight, projected costs, employer and employee contribution rates, staffing needs, outreach to employers and employees, and potential timelines for program enactment and the initiation of benefits distribution; (5) Examine and address how the State's Temporary Disability Insurance (TDI) program may interface with or complement the paid family and medical leave program, including the feasibility, cost-benefit analysis, and a general roadmap for transitioning the existing private TDI program to an expanded public program that includes or complements paid family and medical leave benefits; and (6) Review any other relevant subject matter items it deems necessary to fulfill its purpose of developing recommendations for the establishment and implementation of a paid family and medical leave program for the State; and BE IT FURTHER RESOLVED that the working group is requested to be composed of the following members: (1) The Director of Labor and Industrial Relations, or the Director's designee, to serve as chairperson of the working group; (2) The Chair of the House of Representatives Standing Committee on Labor, or the Chair's designee; (3) The Chair of the Senate Standing Committee on Labor and Technology, or the Chair's designee; (4) The Director of Human Resources Development; (5) A representative from the Hawaii State Teachers Association, to be invited by the chairperson of the working group; (6) A representative from the United Public Workers, AFSCME Local 646, AFL-CIO, to be invited by the chairperson of the working group; (7) A representative from the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO, to be invited by the chairperson of the working group; (8) A representative from Aloha United Way, to be invited by the chairperson of the working group; (9) A representative from the American Association of University Women of Hawaii, to be invited by the chairperson of the working group; (10) A representative from an organization representing the interests of businesses with fewer than fifty employees, to be selected and invited by the Senate President; (11) A representative from an organization representing the interests of businesses with fewer than fifty employees, to be selected and invited by the Speaker of the House of Representatives; (12) A representative from AARP Hawaii, to be invited by the chairperson of the working group; (13) A representative from the University of Hawaii Professional Assembly, to be invited by the chairperson of the working group; (14) A representative from Hawaii Children's Action Network Speaks!, to be invited by the chairperson of the working group; (15) A representative from a private insurance company offering Temporary Disability Insurance benefits in the State or an association of insurers, to be selected and invited by the Governor; and (16) Any other individual whom the chairperson of the working group deems necessary or to have relevant experience, knowledge, or expertise, to be selected and invited by the chairperson of the working group; and BE IT FURTHER RESOLVED that the working group is requested to identify parameters for a paid family and medical leave program, including: (1) A minimum duration of leave that meets the needs of the State's workers; (2) A system of wage replacement; (3) Coverage for a worker's serious illness, caring for a loved one with a serious illness, bonding with a new child, and needs arising from military deployment and the effects of domestic violence, stalking, and sexual assault; (4) Coverage for all employees of employers who employ one or more employees, and a mechanism for the participation of the self-employed; (5) A definition of "family" or "family member" for whom an individual may take leave for purposes of providing care that is at least as broad as the definition in chapter 398, Hawaii Revised Statutes, the existing Hawaii Family Leave Law; and (6) Employment protections to ensure use of paid family and medical leave does not adversely impact employment; and BE IT FURTHER RESOLVED that the working group is requested to utilize independent consultants and administrative facilitators that may be contracted by the Department of Labor and Industrial Relations, as needed, to: (1) Support the working group in performing its duties, including but not limited to providing administrative facilitation and assisting with the working group's: (A) Review of relevant federal and state laws, regulations, and programs; (B) Comparative analyses; (C) Development of recommendations on the parameters of the paid family and medical leave program, including compliance requirements, eligibility criteria, and other program requirements; (D) Development of recommendations on the Department of Labor and Industrial Relations' staffing and operating requirements; and (F) Drafting of the report of its findings and recommendations to the Legislature, including drafting of the proposed legislation; and (2) Assist the Department of Labor and Industrial Relations in conducting the actuarial study as requested in this resolution; and BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, President of the Senate, Speaker of the House of Representatives, Chair of the Senate Standing Committee on Labor and Technology, Chair of the House of Representatives Standing Committee on Labor, Director of Labor and Industrial Relations, and Director of Human Resources Development. Report Title: DLIR; DHRD; Legislative Working Group; Labor; Paid Family and Medical Leave; Report |
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| 43 | + | WHEREAS, the United States is the only remaining industrialized nation without mandated access to paid family and medical leave benefits for the private sector employees under federal law; and WHEREAS, paid family and medical leave programs have been enacted in thirteen states and Washington, D.C. as of January 2024; and WHEREAS, existing Hawaii law does not require employers to provide paid family and medical leave to employees; and WHEREAS, the federal Family and Medical Leave Act of 1993 (FMLA) requires employers with fifty of more employees to provide unpaid family and medical leave to their employees and existing Hawaii law requires employers with one hundred or more employees to provide unpaid family leave to their employees; and WHEREAS, ninety-six percent of private employers in the State however, have fewer than fifty employees, and are therefore not statutorily required to provide unpaid family and medical leave under the FMLA or family leave under existing state law; and WHEREAS, as a result, only one in four private sector workers in the State have access to paid family and medical leave, voluntarily provided by their employers; and WHEREAS, according to a May 2020 report published by the AARP and National Alliance for Caregiving, there are nearly forty-eight million family caregivers in the United States, of which sixty-one percent are working while juggling caregiving responsibilities; and WHEREAS, a family caregiver is a relative, partner, friend, or neighbor who has a significant personal relationship with, and who provides a broad range of assistance for, an older person or an adult with a chronic, disabling, or serious health condition; and WHEREAS, family caregivers are the backbone of the long-term care system in the State, especially in the context of the ongoing health care workforce shortage; and WHEREAS, according to the Valuing the Invaluable: 2023 Update report published by AARP in March 2023, there are 154,000 family caregivers in the State, contributing 144 million hours of unpaid services, worth an estimated $2.6 billion; and WHEREAS, family caregivers face many physical, emotional, and financial challenges, especially because they are often required to balance unpaid caregiving duties with employment and other personal responsibilities; and WHEREAS, a survey conducted in 2023 by AARP and S&P Global showed that sixty-seven percent of family caregivers are having difficulty balancing their jobs with caregiving duties; twenty-seven percent of working caregivers have shifted from full-time to part-time work or have reduced work hours and sixteen percent have turned down a promotion; sixteen percent have stopped working entirely for a period of time; and thirteen percent have changed employers to meet caregiving responsibilities; and WHEREAS, during the past two decades, heightened attention has been given to the dual responsibilities of "sandwich generation" caregivers, who are family caregivers sandwiched between a younger generation--children or grandchildren they care for--and an older one--an older family member or friend for whom they also provide care; and WHEREAS, in 2019, thirty percent of family caregivers in the United States were sandwich generation caregivers, who generally span ages thirty-five to sixty-four and are more likely than other caregivers to be working while performing their caregiving responsibilities; and WHEREAS, as a result of the dual-generation care demands, sandwich generation caregivers report higher levels of emotional and financial strain; and WHEREAS, inequity in the existing socio-economic structure and support infrastructure are also subjecting working women and people of color to be unequally burdened by caregiving duties and economic hardships due to caregiving; and WHEREAS, a paid family and medical leave program would enable family caregivers to take a limited period of time off from work to care of loved ones without fear of losing their jobs or income; and WHEREAS, paid family and medical leave programs are associated with improved outcomes in the earliest years of life for individuals, including higher rates of breastfeeding and immunization and lower rates of child abuse, domestic violence, and financial instability; and WHEREAS, in the face of the current workforce shortage, a paid family and medical leave programs would incentivize individuals to join the labor market and improve employee retention, filling gaps and saving employers long-term recruitment and training costs; and WHEREAS, most small businesses in the State however, cannot finance a privately-funded paid family and medical leave insurance program that can provide benefits for all of their employees; and WHEREAS, a state-administered paid family and medical leave program would benefit the State's workforce while reducing the financial burden for employers compared to a privately funded alternative; now, therefore, BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Senate Standing Committee on Labor and Technology and House of Representatives Standing Committee on Labor are requested to convene a legislative working group to develop recommendations for establishing and implementing a paid family and medical leave program for the State; and BE IT FURTHER RESOLVED that the working group is requested to: (1) Recommend parameters for a statewide paid family and medical leave program that benefits both public and private sector workers; (2) Review the impact of federal and state regulations on the establishment of a paid family and medical leave program; (3) Develop an implementation plan that outlines an administrative framework for paid family and medical leave, including departmental oversight, projected costs, employer and employee contribution rates, staffing needs, outreach to employers and employees, and potential timelines for program enactment and the initiation of benefits distribution; and (4) Examine and address how the State's Temporary Disability Insurance (TDI) program may interface with or complement the paid family and medical leave program, including the feasibility, cost-benefit analysis, and a general roadmap for transitioning the existing private TDI program to an expanded public program that includes or complements paid family and medical leave benefits; and BE IT FURTHER RESOLVED that the working group is requested to be composed of the following members: (1) The Director of Labor and Industrial Relations, or the Director's designee, to serve as chairperson of the working group; (2) The Chair of the House of Representatives Standing Committee on Labor, or the Chair's designee; (3) The Chair of the Senate Standing Committee on Labor and Technology, or the Chair's designee; (4) The Director of Human Resources Development; (5) A representative from the Hawaii State Teachers Association, to be invited by the chairperson of the working group; (6) A representative from the United Public Workers, AFSCME Local 646, AFL-CIO, to be invited by the chairperson of the working group; (7) A representative from the Hawaii Government Employees Association, to be invited by the chairperson of the working group; (8) A representative from Aloha United Way, to be invited by the chairperson of the working group; (9) A representative from the American Association of University Women of Hawaii, to be invited by the chairperson of the working group; (10) A representative from an organization representing the interests of businesses with fewer than fifty employees, to be selected and invited by the Senate President; (11) A representative from an organization representing the interests of businesses with fewer than fifty employees, to be selected and invited by the Speaker of the House of Representatives; (12) A representative from AARP Hawaii, to be invited by the chairperson of the working group; (13) A representative from Hawaii Children's Action Network Speaks!, to be invited by the chairperson of the working group; and (14) A representative from a private insurance company offering Temporary Disability Insurance benefits in the State or an association of insurers, to be selected and invited by the Governor; and BE IT FURTHER RESOLVED that the working group is requested to identify parameters for a paid family and medical leave program, including: (1) A minimum duration of leave that meets the needs of the State's workers; (2) A system of wage replacement; (3) Coverage for a worker's serious illness, caring for a loved one with a serious illness, bonding with a new child, and needs arising from military deployment and the effects of domestic violence, stalking, and sexual assault; (4) Coverage for all employees of employers who employe one or more employees, and a mechanism for the participation of the self-employed; (5) A definition of "family" or "family member" for whom an individual may take leave for purposes of providing care that is at least as broad as the definition in chapter 398, Hawaii Revised Statutes, the existing Hawaii Family Leave Law; and (6) Employment protections to ensure use of paid family and medical leave does not adversely impact employment; and BE IT FURTHER RESOLVED that the working group is requested to review independent studies, research, and other information regarding paid family and medical leave; and BE IT FURTHER RESOLVED that the working group is requested to utilize independent consultants and administrative facilitators, including the Legislative Reference Bureau, as needed to assist in the performance of its duties, including but not limited to the preparation of the report to the Legislature; and BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, President of the Senate, Speaker of the House of Representatives, Chair of the Senate Standing Committee on Labor and Technology, Chair of the House of Representatives Standing Committee on Labor, Director of the Legislative Reference Bureau, Director of Labor and Industrial Relations, and Director of Human Resources Development. OFFERED BY: _____________________________ Report Title: DLIR; DHRD; LRB; Legislative Working Group; Labor; Paid Family and Medical Leave; Report |
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