The Senate Judiciary and Labor Committee has scheduled a hearing Wednesday on a new version of a bill held over from last session that would give all workers the right to accrue sick and "safe" leave.
State Sen. Clayton Hee (D, Kahuku-Kaneohe), chairman of the Senate Judiciary and Labor Committee, said his intent is to ensure that women who are the victims of domestic violence have paid time off to receive treatment or take the steps necessary to protect their safety. The bill allows paid leave for domestic violence victims to seek medical attention, counseling, relocation and legal action.
"It’s part of the domestic violence package that we’re trying to push," Hee said. "I think the bill makes sense from the standpoint of adding a new category for sick leave because domestic violence is an ongoing everyday occurrence."
Hee said he does not have a commitment from Senate leadership to move the bill, but wanted to have the discussion. "And if it passes, fine. If it doesn’t, we’ll try again," he said.
The previous version of the bill — House Bill 341 — would have prevented large employers with collective bargaining agreements from punishing workers who use their accrued and available sick leave. Hee said he might similarly limit the new draft to large employers with labor contracts.
The Chamber of Commerce of Hawaii sent an email to its members Monday urging them to testify against the bill. Chamber officials have said that sick leave is a benefit that most local businesses provide voluntarily to foster a healthy work environment. Creating legally protected sick leave might force companies, particularly small businesses, to reduce or eliminate voluntary sick leave due to potential abuse if the law were passed, according to the chamber.
The chamber said that under the bill, small employers with fewer than 100 employees who do not provide paid time off will need to give up an unspecified number of days off.
For employers who already provide the benefit, it adds another layer of administrative burden, the chamber said. It also penalizes employers for asking to verify whether someone is sick by requiring the employer to pay for the doctor’s note, the chamber said.
The bill is similar to another measure, HB 2089, that failed to advance earlier this session. That bill also generated a flurry of testimony in opposition from a wide array of local businesses, including City Mill.
"We already offer very generous benefits and don’t need more regulations put on our business climate, which is already very difficult," City Mill Vice President Carol Ai May said.
"Our company priority and asset is our employees. Therefore, we do everything we can to create a positive work environment and provide benefits that we can afford," May said in testimony submitted in February at a hearing on HB 2089.