SB 342: RELATING TO PAID FAMILY LEAVE.

A BILL FOR AN ACT

RELATING TO PAID FAMILY LEAVE.

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

     SECTION 1.  The legislature finds that Hawaii's state and county employees are not adequately supported during times of birth, adoption, fostering a new child, or caregiving for a family member during illness.

     Providing paid family leave to state and county employees could enhance recruitment and retention of quality employees and fulfill the government's role as a model employer.  Research has shown that paid family leave reduces employment turnover, saving recruitment, hiring, and training costs.  Paid leave has also been found to increase the productivity of the workforce and boost employee morale.  Support by the employer for family care is often highlighted as a main attractor for young, highly‑educated workers seeking employment and must therefore be seen as an investment in the State and counties' success.

     Accordingly, the purpose of this Act is to establish paid family leave for all state and county employees.

     SECTION 2.  Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§78-    Paid family leave for state and county employees.  (a)  Notwithstanding chapter 378, and if negotiated into a collective bargaining agreement pursuant to section 89-9, for those employees included in bargaining units pursuant to section 89-6, an employee shall be entitled to a total of five days of paid family leave during any calendar year for the purposes described in section 398-3(a); provided that paid family leave shall not be substituted by the employee's accrued and available vacation, sick leave, or other paid leave.

     (b)  An employee taking paid family leave shall be paid at the regular rate of pay for those regular hours during which the employee is absent from work without loss of seniority, pay, vacation, sick leave, or earned overtime accumulations.

     (c)  The taking of paid family leave shall not result in the loss of any employment benefit accrued before the date on which the leave commenced.

     (d)  Nothing in this section shall be construed to entitle or deny any employee to the accrual of any seniority or employment benefits during any period of leave, or any right, employment benefit, or position to which the employee would have been entitled had the employee not taken the leave."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

State and County Employees; Paid Family Leave; Collective Bargaining Agreement

Description:

Requires five days of paid family leave annually for certain state and county employees.  Ensures the protection of wage, seniority, and other employment benefits of employees who take paid family leave.  Effective 7/1/2050.  (SD1)

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

A BILL FOR AN ACT

Relating to paid family leave.

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

     SECTION 1.  The legislature finds that Hawaii's state and county employees are not adequately supported during times of birth, adoption, fostering a new child, or caregiving for a family member during illness.

     Providing paid family leave to state and county employees could enhance recruitment and retention of quality employees and fulfill the government's role as a model employer.  Research has shown that paid family leave reduces employment turnover, saving recruitment, hiring, and training costs.  Paid leave has also been found to increase the productivity of the workforce and boost employee morale.  Support by the employer for family care is often highlighted as a main attractor for young, highly-educated workers seeking employment and must therefore be seen as an investment in the State and counties' success.

     Accordingly, the purpose of this Act is to establish paid family leave for all state and county employees.

     SECTION 2.  Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§78-    Paid family leave for state and county employees.  (a)  Notwithstanding chapter 378, an employee shall be entitled to a total of five days of paid family leave during any calendar year for the purposes described in section 398-3(a); provided that paid family leave shall not be substituted by the employee's accrued and available vacation, sick leave, or other paid leave.

     (b)  An employee taking paid family leave shall be paid at the regular rate of pay for those regular hours during which the employee is absent from work without loss of seniority, pay, vacation, sick leave, or earned overtime accumulations.

     (c)  The taking of paid family leave shall not result in the loss of any employment benefit accrued before the date on which the leave commenced.

     (d)  Nothing in this section shall be construed to entitle or deny any employee to the accrual of any seniority or employment benefits during any period of leave, or any right, employment benefit, or position to which the employee would have been entitled had the employee not taken the leave."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

State and County Employees; Paid Family Leave

Description:

Requires five days of paid family leave annually for state and county employees.  Ensures the protection of wage, seniority, and other employment benefits of employees who take paid family leave.

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

STAND. COM. REP. NO. 374

Honolulu, Hawaii

RE:    S.B. No. 342

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Labor and Technology, to which was referred S.B. No. 342 entitled:

"A BILL FOR AN ACT RELATING TO PAID FAMILY LEAVE,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require five days of paid family leave annually for state and county employees; and

     (2)  Ensure the protection of wage, seniority, and other employment benefits of employees who take paid family leave.

     Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations; United Public Workers, AFSCME Local 646, AFL-CIO; University of Hawaii Professional Assembly; Hawaiʻi State Teachers Association; Democratic Party of Hawaiʻi; Hawaii State AFL-CIO; Pride at Work‑Hawaiʻi; Young Democrats of Hawaiʻi; IATSE Local 665; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; and three individuals.

     Your Committee received testimony in opposition to this measure from the Department of Corrections and Rehabilitation, Department of Budget and Finance, and one individual.

     Your Committee received comments on this measure from the Department of Human Resources Development; Department of the Attorney General; Hawaiʻi Children's Action Network Speaks!; Hawaiʻi Public Health Institute; Imua Alliance; Democratic Party of Hawaiʻi Education Caucus; and ACLU of Hawaiʻi.

     Your Committee finds that public employers face a recruitment and retention crisis as private sector benefits become increasingly competitive.  Some public employers suffer from vacancy rates of over twenty per cent.  Offering paid family leave is an attractive benefit for many potential employees.  By requiring five days of paid family leave annually for state and county employees, this measure will not only allow the State to fill civil service vacancies but also fulfill its role as a model employer.

     Your Committee has amended this measure by:

     (1)  Inserting language clarifying that for employees included in bargaining units pursuant to section 89‑6, Hawaii Revised Statutes, this measure is applicable only if negotiated into a collective bargaining agreement; and

     (2)  Inserting an effective date of July 1, 2050, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 342, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 342, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Labor and Technology,