Unlawful suspension, barring, discharge, withholding pay, demoting, or discrimination
HRS §378-32
in effect378-32. Unlawful suspension, barring, discharge, withholding pay, demoting, or discrimination
(a) It shall be unlawful for any employer to suspend, discharge, or discriminate against any of the employer's employees:
(1) Solely because the employer was summoned as a
garnishee in a cause where the employee is the debtor or because the employee
has filed a petition in proceedings for a wage earner plan under chapter XIII
of the Bankruptcy Act;
(2) Solely because the employee has suffered a work
injury which arose out of and in the course of the employee's employment with
the employer and which is compensable under chapter 386 unless the employee is
no longer capable of performing the employee's work as a result of the work
injury and the employer has no other available work which the employee is
capable of performing. Any employee who is discharged because of the work
injury shall be given first preference of reemployment by the employer in any position
which the employee is capable of performing and which becomes available after
the discharge and during the period thereafter until the employee secures new
employment. This paragraph shall not apply to any employer in whose employment
there are less than three employees at the time of the work injury or who is a
party to a collective bargaining agreement which prevents the continued
employment or reemployment of the injured employee;
(3) Because the employee testified or was subpoenaed
to testify in a proceeding under this part; or
(4) Because an employee tested positive for the
presence of drugs, alcohol, or the metabolites of drugs in a substance abuse
on-site screening test conducted in accordance with section 329B-5.5; provided
that this provision shall not apply to an employee who fails or refuses to
report to a laboratory for a substance abuse test pursuant to section 329B-5.5.
(b) It shall be unlawful for an employer or a
labor organization to bar or discharge from employment, withhold pay from, or
demote an employee because the employee uses accrued and available sick leave;
provided that:
(1) After an employee uses three or more consecutive
days of sick leave, an employer or labor organization may require the employee
to provide written verification from a physician indicating that the employee
was ill when the sick leave was used;
(2) This subsection shall apply only to employers
who:
(A) Have a collective bargaining agreement
with their employees; and
(B) Employ one hundred or more employees; and
(3) Nothing in this subsection shall be construed to
supersede any provision of any collective bargaining agreement or employment
benefits program or plan that provides greater employee benefits or rights.
[L
1967, c 22, pt of §1; HRS §378-32; am L 1970, c 64, §2; am L 1981, c 10, §1 and
c 13, §1; gen ch 1985; am L 2007, c 179, §3; am L 2011, c 118, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-0032.htmFetched: 11/10/2026