Honolulu Star-Bulletin - Kokua Line
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Kokua Line

By June Watanabe

Wednesday, August 4, 1999


Vacations not
required benefits

Question: Is there any state law that says employers must honor vacation benefits listed in the employee handbook? What are the alternatives if they won't honor it? We don't work for the state or city government or belong to a union.

Answer: "Benefits are not referenced in the labor law," according to Patrick Stanley, spokesman for the state Department of Labor and Industrial Relations.

That means vacations, or even lunch or coffee breaks are not required benefits and thus, not governed, he said. Exceptions are benefits such as prepaid medical coverage.

But "common, sliced-bread kind of things are not governed by labor law," Stanley said. If such benefits are in writing, in an employee manual or personnel policy, "that might constitute a contract," he said. In that case, if "someone does not follow a promise, that might be a breach of contract. But that would come under civil law and the individual would need to talk to an attorney."

Q: Why is it that school custodians are allowed to have a smoking area on state property at schools when teachers are not allowed and it is the philosophy of the state to have safe, smoke-free, liquor-free schools?

A: An arbitrator, in June 1995, ruled that workers represented by the United Public Workers could smoke in designated areas in public schools because it was written into their collective-bargaining contracts. The union could challenge the no-smoking ban because it was a departmental policy and not state law.

Thus, about 2,500 workers in the Department of Education, primarily custodians and cafeteria workers, but also a small number of institutional workers, such as resident dorm monitors at the Hawaii Center for the Deaf and Blind, are allowed to smoke at school, said department spokesman Greg Knudsen.

All other Department of Education employees, as well as anyone involved with a school activity, whether on campus or off campus, are not allowed to smoke, he said.

Q: Can something be done about people living in their vans under the viaduct on Lehua Avenue? We walk by there every day and can smell urination all over the place.

A: Officers spoke to occupants of the vans last weekend, said Pearl City police Capt. Thomas Nitta.

They were warned they could be cited and had moved on.

Mahalo

To a very kind and compassionate young woman, who lifted me up when I couldn't get up, after I fell May 25. I hope good things will come her way. -- Grateful 80-year-old senior citizen

Auwe

On my morning jog one day along the Ala Wai, I noticed a sign that says "Convention Center" pointing to the shopping center. It points to the left in the wrong direction -- 90 degrees off. -- No name

Mahalo

To Dave Hill of Temple Valley who returned our 8-year-old daughter's Pokeman Gameboy and magazine she left at the tennis court on June 27. It's wonderful to know there are people like you who care enough to safeguard a child's prized possession and further take the time to return it. You set a fine example for our child and we only wish that you, too, will be blessed with such acts of kindness. -- Rick and Keri





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fax 525-6711, or write to P.O. Box 3080, Honolulu 96802.
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