Teachers not eligible for COVID-19 hazard pay

While an arbitrator has ruled that as many as 7,800 public school employees, such as school nurses and educational assistants, are eligible for hazard pay for working during the pandemic, public school teachers do not have a hazard pay clause in their contract. Thus the Hawaiʻi State Teachers Association had no basis to pursue grievances and advocate for such pay.

The arbitration decision determined public school employees in five bargaining units of the Hawaiʻi Government Employees Association are entitled to back pay of up to 25% of their total salaries for as many as two years, according to a report by Honolulu Civil Beat.

Hazard pay has been an option in the contracts of HGEA and the United Public Workers union because some of their members have to routinely work in hazardous situations, whether it’s cleaning sewage spills or responding to hurricanes and floods.

HSTA President Osa Tui, Jr. said, “The other bargaining units are flexing contractual language from their agreements regarding hazard pay. Unfortunately, the HSTA’s contract does not have any language regarding hazard pay so there’s nothing in the contract to support advocating for such compensation on behalf of classroom educators.”

“The same goes for administrators, such as principals and vice principals, who also do not have hazard pay provisions in their contract. Should they be granted temporary hazard pay without having any provision in their contract, then HSTA will seek similar compensation for our members,” Tui added.

Educators received hard-fought protections, paid leave during the pandemic

For the first several months of the pandemic, from March until the end of July of 2020, most HSTA members did not have to report to work in-person, unlike the members of the HGEA bargaining units who sought hazard pay.

The HSTA aggressively advocated for the safety of its members, their coworkers and the students they serve during the pandemic, as evidenced by numerous complaints, grievances, agreements and memoranda available here.

During the 2020–2021 school year, HSTA members benefited from a negotiated memorandum of understanding, which comprehensively outlined additional protections to ensure teachers were kept safe by closing protocols, distancing, cleaning protocols, and personal protective equipment.

We also ensured teachers benefited from their quarantine leave rights, so that, unlike other state employees, teachers and principals were able to have employer-paid leave during COVID-19 exposure and infections.

In July of 2020, the HSTA signed an agreement with HIDOE requiring at least six feet of distancing between students, staff and others in school classrooms and offices.

In August of 2020, the HSTA and other unions successfully convinced the Board of Education to delay the return of students for nine days at the beginning of the 2020–2021 school year, giving staff time for training and preparation for school to resume during the pandemic.

The HSTA filed several grievances and complaints at the Hawaiʻi Labor Relations Board over the state’s handling of its COVID-19 response, fighting for necessary protections on behalf of our members.