Honolulu City Council Policy Resolutions(Link to original Word Processing Version)
94-295
APPROVING THE AMENDMENT TO THE RULES OF THE DIRECTOR OF CIVIL
SERVICE RELATING TO LEAVE.
WHEREAS, the State Legislature in 1993 passed legislation to
allow the Mayor to establish a Leave Sharing Program in the City
under which employees may donate accumulated vacation leave
credits to another employee who has a serious personal illness or
injury; and
WHEREAS, a Leave Sharing Program will enable City employees
to ease the burden of a fellow employee who is suffering from a
serious personal illness or injury and who has exhausted or is
about to exhaust all vacation leave, sick leave and compensatory
time credits; and
WHEREAS, the Director of Personnel must adopt rules on leave
sharing before a program may be implemented; and
WHEREAS, a public hearing on the amendment was held and no
comments nor objections were received at the public hearing; and
WHEREAS, Section 79-12 of the Hawaii Revised Statutes
provides for the promulgation of rules and regulations relating
to leaves of absences by the Civil Service Director, subject to
the approval of the Mayor and the Council; and
WHEREAS, the Council of the City and County of Honolulu
wishes to revise the leave of absence policy of the City through
the adoption of a resolution; now, therefore,
BE IT RESOLVED by the Council of the City and County of
Honolulu that the rules are further amended by adding Chapter
18-8 which reads as follows:
§18-8 Leave Sharing. (a) The director may establish a
leave sharing program which will allow employees to donate
accumulated vacation leave credits to another employee
within the City who has a serious personal illness or
injury. The program shall provide for fair treatment,
prohibit coercion of employees and ensure that the leave
poses no undue hardship on the employer's operations. The
council's presiding officer may establish a leave sharing
program for employees of the legislative branch.
(b) As used in this section:
(1) "Employee" shall mean any regular or limited term
employee, or an employee in an exempt position, of
a department or agency who is entitled to earn
vacation and who has been employed for at least
six continuous months with the City.
(2) "Serious personal illness or injury" shall mean an
acute, traumatic or life threatening illness,
injury, or impairment that has been certified by a
competent medical examiner as being totally
incapacitating and the cause of the employee's
inability to work for at least thirty consecutive
calendar days; provided that the illness or injury
is not covered under chapter 386 or, if covered,
all benefits under chapter 386 have been
exhausted.
(c) An employee who wishes to donate accumulated leave
credits must not have solicited nor accepted anything of
value in exchange for the donation.
(d) Eligibility to receive shared leave shall be as
provided under Act 157, SLH 1993. In addition, an eligible
recipient must have exhausted or is about to exhaust all
temporary disability insurance benefits to which the
employee is entitled.
BE IT FINALLY RESOLVED by the Council of the City and County of Honolulu that the Clerk is hereby directed to transmit this Resolution to the Mayor, the Director of Personnel and the Corporation Counsel.
INTRODUCED BY:
John DeSoto (BR)
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DATE OF INTRODUCTION:
October 20, 1994
ADOPTED this 1st day of December , 1994. Addition of Chapter 18-8, Rules of the Director of Personnel
October 12, 1994
SUMMARY
1. A new §18-8 is added. §18-8 Leave Sharing. (a) The director may establish a leave sharing program which will allow employees to donate accumulated vacation leave credits to another employee within the City who has a serious personal illness or injury. The program shall provide for fair treatment, prohibit coercion of employees and ensure that the leave poses no undue hardship on the employer's operations. The council's presiding officer may establish a leave sharing program for employees of the legislative branch.
(b) As used in this section:
(1) "Employee" shall mean any regular or limited term
employee, or an employee in an exempt position, of
a department or agency who is entitled to earn
vacation and who has been employed for at least
six continuous months with the City.
(2) "Serious personal illness or injury" shall mean an
acute, traumatic, or life threatening illness,
injury, or impairment that has been certified by a
competent medical examiner as being totally
incapacitating and the cause of the employee's
inability to work for at least thirty consecutive
calendar days; provided that the illness or injury
is not covered under chapter 386 or, if covered,
all benefits under chapter 386 have been
exhausted.
(c) An employee who wishes to donate accumulated leave
credits must not have solicited nor accepted anything of
value in exchange for the donation. (d) Eligibility to receive shared leave shall be as provided under Act 157, SLH 1993. In addition, an eligible recipient must have exhausted or is about to exhaust all temporary disability insurance benefits to which the employee is entitled. [Eff. ] (Auth: RCH §§4-105, 6-305, 6-311; HRS §79-12) (Imp: SLH 1993, Act 157) The addition of Chapter 18-8, on the Summary Page dated October 12, 1994 was adopted on October 12, 1994 following a public hearing held on October 12, 1994, after public notice was given in the Honolulu Star-Bulletin on September 12, 1994.
The amendments shall take effect ten days after filing with the
City Clerk of the City and County of Honolulu.
/S/
Approved this 14th day of
October , A. D. 1994.
/S/
Approved this 1st day of
December , A. D. 1994.
By Resolution No. 94-295
CITY COUNCIL
By /S/ Raymond K. Pua
APPROVED AS TO FORM:
/S/
Received this 1st day of
/S/ Raymond K. Pua
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