HB 1241: RELATING TO PUBLIC EMPLOYMENT.

A BILL FOR AN ACT

relating to public employment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  (a)  Notwithstanding any law to the contrary, no later than ninety days after the effective date of this Act, every state agency shall offer a former employee who resigned or was dismissed from employment with a state agency:

     (1)  While any proclamation, order, or policy was in effect that required, as a condition of continuing employment, vaccination against COVID-19 or regular testing for the presence of the SARS-CoV-2 virus as an alternative to vaccination; and

     (2)  Solely because the person did not comply or did not wish to comply with the terms of the proclamation, order, or policy described in paragraph (1),

the option to be reinstated, with back pay, to the position that the former employee held prior to the former employee's termination.

     (b)  If the former employee's former position is not available, the state agency shall offer the former employee:

     (1)  Employment in an available equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment; and

     (2)  Back pay based upon the position the former employee held prior to the former employee's termination.

     (c)  As used in this section:

     "COVID-19" means the coronavirus disease 2019.

     "State agency" means any state agency within the executive, legislative, or judicial branch or the office of Hawaiian affairs, including the department of education and the university of Hawaii.

     SECTION 2.  This Act shall take effect upon its approval.

Report Title:

Public Employment; Employees; COVID-19; Vaccination Policies; Emergency Proclamation; Reinstatement

Description:

Requires state agencies to offer individuals who resigned or were dismissed from employment for not complying with vaccination or testing requirements the option to be reinstated, with back pay, to the position that person held prior to their termination.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.