RELATING TO PUBLIC EMPLOYMENT.

HB168

HOUSE OF REPRESENTATIVES

H.B. NO.

168

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:

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SECTION 1.
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Chapter 78,
Hawaii Revised Statutes, is amended by adding a new part to be appropriately
designated and to read as follows:

"
Part
.
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Paid family
Leave

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78-A
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Definitions.
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For the purposes of this part:

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"Child" means an individual who
is a biological, adopted, or foster son or daughter; a stepchild; or a legal
ward of an employee.

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"Health care provider" means a
physician as defined under section 386-1.

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"Parent" means a biological,
foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a
grandparent, or a grandparent-in-law.

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"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.

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"Reduced leave schedule" means a
leave schedule that reduces the usual number of hours per workweek or hours per
workday of a qualified employee.

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"Serious health condition" means
an illness, injury, impairment, or physical or mental condition that involves:

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(1)
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Inpatient
care at a hospital, hospice, or residential medical care facility; or

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(2)
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Continuing
treatment by a health care provider.

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"Sibling" means an individual who
is a biological, adopted, or foster brother or sister; or a stepbrother or
stepsister of an employee.

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78-B
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Paid family leave; general requirements.
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(a)
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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:

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(1)
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The
birth of a child of the qualified employee and in order to care for the child;

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(2)
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The
placement of a child with the qualified employee for adoption or foster care;
or

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(3)
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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.

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(b)
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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.

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(c)
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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.

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(d)
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Leave
under subsection (a)(3) may be taken intermittently or on a reduced leave
schedule when medically necessary; provided that:

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(1)
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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;

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(2)
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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:

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(A)
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Has
equivalent pay and benefits; and

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(B)
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Better
accommodates recurring periods of leave than the regular employment position of
the qualified employee; and

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(3)
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The
qualified employee complies with subsection (j) and section 78-C(a)(5).

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(e)
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A
qualified employee taking leave under this section may elect to use one of the
following types of paid leave:

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(1)
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Twelve
administrative workweeks of paid family leave under this paragraph in
connection with the birth or placement involved; or

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(2)
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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.

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(f)
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Paid family leave taken under subsection (e)(1):

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(1)
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Shall
be payable from any appropriation or fund available for salaries or expenses
for positions within the employing agency;

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(2)
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Shall
not be considered to be vacation leave or any other type of leave; and

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(3)
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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.

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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.

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(g)
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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:

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(1)
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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

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(2)
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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.

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(h)
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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:

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(1)
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The
continuation, recurrence, or onset of a serious health condition as described
under, and consistent with the requirements of, subsection (g); or

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(2)
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Any
other circumstance beyond the control of the qualified employee.

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(i)
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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.

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(j)
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In
any case in which the necessity for leave under subsection (a)(3) is
foreseeable based on planned medical treatment, the qualified employee:

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(1)
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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

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(2)
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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.

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�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.
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A certification shall be
sufficient if it states:

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(1)
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The
date that the serious health condition commenced;

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(2)
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The
probable duration of the condition;

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(3)
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The
appropriate medical facts within the knowledge of the health care provider
regarding the condition;

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(4)
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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

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(5)
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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.

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(b)
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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.
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Any health care provider designated or
approved pursuant to this subsection shall not be employed on a regular basis
by the employing agency.

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(c)
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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).
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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.

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(d)
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The
employer may require, at the expense of the agency, that the qualified employee
obtain subsequent recertifications on a reasonable basis.

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�78-D
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Paid family leave; protection of employment
and benefits.

�
(a)
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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:

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(1)
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To
be restored by the employer to the position held by the qualified employee when
the leave commenced; or

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(2)
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To
be restored to an equivalent position with equivalent benefits, pay, status,
and other terms and conditions of employment.

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(b)
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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.

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(c)
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Except as otherwise provided by law, nothing
in subsections (a) or (b) shall be construed to entitle any restored qualified
employee to:

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(1)
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The
accrual of any employment benefits during any period of leave; or

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(2)
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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.

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(d)
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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.

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�78-E
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Paid family leave; prohibition of coercion.
�
(a)
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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.

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(b)
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For purposes of this section:

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"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.

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�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.

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�78-G
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Construction.

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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.
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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.

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�78-H
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Rules.

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The director shall
adopt rules necessary for the administration of this part."

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SECTION 2.
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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
"

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SECTION 3.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 4.
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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.

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SECTION 5.
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New statutory material is underscored.

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SECTION 6.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

State and
County Employees; Paid Family Leave

Description:

Establishes
a paid family leave program for state and county employees.
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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.

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not legislation or evidence of legislative intent.