Revised THP Settlement: Department of Education

Updated Nov. 13

Voting Results

Department of Education employees in Units 2, 3, 4, 9 and 13 who worked during the period of March 4, 2020 to March 25, 2022 voted to accept the settlement offer for temporary hazard pay.

Total votes cast: 3,331

Total yes votes: 3,262

Percentage: 98%

Mahalo to everyone who voted.


 

We are now ready to hold a vote on the temporary hazard pay settlement offer for state Department of Education employees organized into Units 2, 3, 4, 9 and 13.

This vote was placed on hold in May after it became apparent that the total number of days required for a payout did not take into account the loss of workdays due to the pandemic. We now have a revised offer — and workday requirement — in hand to present to you.

Read Tentative Settlement Agreement

New Settlement Offer

The DOE is offering the same settlement that was accepted by other state employees — compensation split into two tiers ($10,000 and $20,000) based on the number of days worked physically at their worksite during the period of March 4, 2020 to March 25, 2022.

The payment will be in one installment no later than March 20, 2025 and will be based on the days affected employees worked at their physical worksite.

Settlement Highlights

  • 12-month employees who physically reported to work for 375 days or more during the emergency proclamation would be entitled to $20,000. (The number of days for 12-month employees was 420 days under the previous settlement offer.)
  • 10-month employees who physically reported to work for 300 days or more during the emergency proclamation would be entitled to $20,000. (The number of days for 10-month employees was 350 days under the previous settlement offer.)
  • Those who physically reported to work less than the applicable days listed above would be entitled to $10,000.
  • Those who did not physically report to work at all during the emergency proclamation would not be entitled to compensation.

Acceptance of this settlement would be in lieu of the award won in arbitration by HGEA on behalf of DOE employees.

HGEA is NOT making a recommendation on whether you should accept or reject this settlement offer. 

Voting Information

  1. All voting will be done through electronic ballot. 
  2. Voting starts on Friday, Nov. 8 and will remain open until 4:30 p.m. on Wednesday, Nov. 13. 
  3. A ballot was sent to your personal email address from “HGEA Ballot,” with the subject, “BALLOT: HGEA Temporary Hazard Pay Settlement Vote.” 
  4. If you do not see a ballot in your personal email, search for “ballot” in your inbox, Junk Mail or spam folders. See instructions on how to request a ballot. Ballot requests must be received before 2:30 p.m. on Wednesday, Nov. 13 (no later than two hours before the close of electronic voting). 

Results will be reported on Thursday, Nov. 14 after they have been officially certified.

 

Who is eligible to vote?

To be eligible to vote on this settlement offer, you must meet both of the following criteria:

  1. Worked in the Department of Education entirely or partially during Gov. David Ige’s successive series of Emergency Proclamations from March 4, 2020 to March 25, 2022 in Units 2, 3, 4, 9, and 13.
  2. Continue to work in the Department of Education in Units 2, 3, 4, 9, and 13.

The criteria above are used solely for determining eligibility for voting on this settlement offer, and it does not exclude you from the settlement payout or arbitration decision. Employees who worked during the emergency proclamation period above but have since left the Department of Education will still be entitled to compensation.

What is the Department of Education offering?

The settlement offer is the same temporary hazard pay settlement offered by the governor to other state employees — compensation split into two tiers ($10,000 and $20,000) based on the number of days affected employees physically reported to work during the period of March 4, 2020 to March 25, 2022.

  • 12-month employees who physically reported to work for 375 days or more during the emergency proclamation would be entitled to $20,000. (The number of days for 12-month employees was 420 days under the previous settlement offer.
  • 10-month employees who physically reported to work for 300 days or more during the emergency proclamation would be entitled to $20,000. (The number of days for 10-month employees was 350 days under the previous settlement offer.)
  • Those who physically reported to work less than the applicable days listed above would be entitled to $10,000.
  • Those who did not physically report to work at all during the emergency proclamation would not be entitled to compensation.

Who is covered by the proposed settlement?

Department of Education employees who worked during Gov. David Ige’s successive series of Emergency Proclamations from March 4, 2020 to March 25, 2022 in Units 2, 3, 4, 9, and 13.

How much will I receive with this settlement?

The THP payout that members receive will be based on the days affected employees physically reported to work during the period of March 4, 2020 to March 25, 2022. Unlike the arbitration decision, it is not based on the severity of exposure to the hazard, but rather on the total days an employee physically reported to work.

  • 12-month employees who physically reported to work for 375 days or more during the emergency proclamation would be entitled to $20,000. (The number of days for 12-month employees was 420 days under the previous settlement offer.
  • 10-month employees who physically reported to work for 300 days or more during the emergency proclamation would be entitled to $20,000. (The number of days for 10-month employees was 350 days under the previous settlement offer.)
  • Those who physically reported to work less than the applicable days listed above would be entitled to $10,000.
  • Those who did not physically report to work at all during the emergency proclamation would not be entitled to compensation.

For the purposes of determining a “day,” a day is counted if an affected employee physically reported to work on a scheduled work day, regardless of duration. Working the entire scheduled shift/day is not required to receive credit for the day (i.e., combination of work and any type of leave or telework is still credited as a day).

It is HGEA’s position that Extended School Year days are scheduled work days and should be counted if an affected employee physically reported to work on those days.

Excluded and not counted toward the eligibility requirement are days when an affected employee was on one or more of the following for their entire workday or shift:

  • Vacation leave 
  • Sick leave 
  • Compensatory time off 
  • Workers’ compensation 
  • Telework or work from home arrangements 
  • Administrative leave with or without pay 
  • Leave without pay 
  • Families First Coronavirus Response Act leave 
  • Family and Medical Leave Act leave 
  • Overtime hours and other salary consideration, etc.

If this settlement is approved, when can I expect to receive my THP compensation?

The payment will be in one installment no later than March 20, 2025 and will be based on the days affected employees worked at their physical worksite.

What happens if the settlement is not approved?

Acceptance of this settlement would be in lieu of the award won in arbitration by HGEA on behalf of DOE employees. (Note: Under the arbitration decision, payouts would be calculated using the salary amount at the minimum step of the employee’s salary range at the time of hazard exposure and would be paid based on the exposure level, either 15% or 25%.) In the event that members reject this settlement offer, HGEA will ask DOE to proceed with making THP award determinations based on the arbitration decision we’ve already obtained.

What if I retired or left service during the identified time period?

This offer applies to all employees in the affected bargaining units who worked for the Department of Education during the identified time period, and they do not have to be current employees. Employees who physically reported to work during the emergency proclamation period are eligible even if they separated during the emergency proclamation period or only worked during a portion of the emergency proclamation period.

Will THP compensation count toward my retirement benefit?

Yes, but only for employees who became employed before July 1, 2012 pursuant to Hawaii Revised Statues, Chapter 88-21.5.

How would this settlement compare to what we’re entitled to in our contract?

To estimate the amount of hazard pay you’re entitled to according to the contract, look up your minimum daily salary and count the number of days you physically reported to work between March 4, 2020 and March 25, 2022.

Then apply those two amounts in the following formula:

(Minimum Daily Salary amount) x (Hazard Pay Differential amount, either .15 OR .25) x (Number of Days Physically Reported to Work). 

This calculation is based off physically reporting for an eight-hour workday. 

NOTE: The above calculation and daily amounts are for simplicity and for estimation purposes ONLY.

Hazard pay differentials according to the contract are calculated using the salary amount at the minimum step of the employee’s salary range at the time of hazard exposure and are prorated based on the exposure level to the hazard (15% or 25%) and number of hours exposed. This means your hazard pay differential for the pandemic would be calculated using the minimum step of your salary range using the salary schedules in effect during SY 2019-20, SY 20-21, and SY 2021-22.

Because the settlement is a flat dollar amount, members stand to receive more or less than what they may get according to the contract. However, the benefit of the settlement is that members will have cash in hand sooner rather than later.