Updated June 6
THP Settlement Vote on Hold
The vote on the state Department of Education’s temporary hazard pay settlement offer, initially slated to take place last week, is still on hold as we work with the DOE to clarify the required workdays to receive the proposed payouts.
We held an initial meeting this week with the DOE to discuss the workday requirements. Although we have yet to reach a resolution, we believe the DOE is willing to recalculate and adjust the workday requirements. We expect to meet again next week. After we finalize the details with them, we will share any amendments to the offer and an updated voting timeline.
As we previously reported in our initial hold notice, workdays when DOE schools and office were completely shut down at the beginning of the pandemic in the spring of 2020 weren’t factored into the total required to meet the two levels of hazard pay awards. Other than employees who were required to report to work to perform essential functions, the DOE directed all other employees to work remotely. The loss of these workdays appeared to significantly affect the number of employees who would qualify for the higher payout amount.
The state Department of Education is offering employees 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 worked physically at their worksite. First payment would be in October/November of 2024 and the second payment would be in the spring of 2025. This would affect employees organized into Units 2, 3, 4, 9 and 13.
Acceptance of this settlement would be in lieu of the award recently won in arbitration by HGEA on behalf of DOE employees. Compensation under this award 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 (15% or 25%). For a more detailed explanation, see our FAQs (below) under the question, “How would this settlement compare to what we’re entitled to in our contract?”
Should members reject this settlement offer, HGEA would ask DOE to proceed with making THP award determinations based on the arbitration decision we’ve already obtained.
Who is eligible to vote?
You must meet both of the following criteria:
- Worked 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 employed in the Department of Education.
- 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 420 days or more during the emergency proclamation period would be entitled to $20,000.
- 10-Month employees who physically reported to work for 350 days or more during the emergency proclamation period would be entitled to $20,000.
- Those who physically reported to work less than 420 days for 12-month employees and less than 350 days for 10-Month employees would be entitled to $10,000.
- Those who did not physically report to work at all during the emergency proclamation period 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 420 days or more during the emergency proclamation period would be entitled to $20,000.
- 10-Month employees who physically reported to work for 350 days or more during the emergency proclamation period would be entitled to $20,000.
- Those who physically reported to work less than 420 days for 12-month employees and 350 days for 10-Month employees 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).
Excluded and not counted toward the eligibility requirement for 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 lump sum is projected to be paid in two installments – the first in October/November 2024 and the second in spring 2025. Payments will be subject taxes.
What happens if the settlement is not approved?
If the majority of the votes cast is “NO,” the settlement will not be approved and we will enforce the arbitration decision. The arbitration decision stated that school-based employees shall receive 25% of every hour they physically reported to work. Per the Temporary Hazard Pay article, the 25% calculation is based on the initial step of your salary range and does not include any differentials. It is currently unclear when the department would be able to pay individuals. They are currently still in the process of gathering employees leave and telework records.
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)
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.