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Hawaii Leave Laws

Hawaii's Family Leave Law

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Who Is Eligible?

The law applies to both private and public employees. In some ways the Hawaiian Family Leave Law is more generous than the federal FMLA. That is, to be eligible under the Hawaiian law you must have worked for your employer for only six consecutive months. However, the Hawaiian law is less generous in that it applies only to employers who employ at least 100 employees.

What Leave Am I Entitled To?

If you have been employed for six consecutive months you are entitled to a total of four weeks of family leave during any calendar year. Although this is significantly less leave than is provided under the federal FMLA, it benefits employees who have not worked for their employer for twelve months and 1,250 hours.

What Are Legitimate Reasons for Leave?

You may take leave:

  1. Upon the birth or adoption of your child;
  2. To care for your child, spouse or reciprocal beneficiary, or a parent with a serious health condition.

"Child" means a biological, adopted or foster son or daughter, or a stepchild, or a legal ward of the employee.

"Parent" means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, or a grandparent-in-law.

Will I Be Paid During My Leave?

The program is an unpaid leave program. However, either you or your employer may elect to apply any of your accrued paid leave (e.g. vacation or personal) to any part of the four week leave period.

What Notice Am I Required to Provide?

In any case where your need for family leave is foreseeable, you must provide prior notice that is reasonable and practicable.

What Certification is Required?

Your employer can require that your request for family leave be supported by written certification.

  1. If leave is due to the birth or a child, the certification must come from a health care provider or the family court.
  2. If leave is due to the adoption of a child, the certification must come from a recognized adoption agency, the attorney handling the adoption, or the person officially designated by the birth parent to select and approve the adoptive family.

If leave is to care for a child, spouse or parent, the certification must come from that family member's health care provider.

Will My Job Be Protected?

You are entitled to be returned to the position you held when you went on leave or to an equivalent position. An equivalent position is one with equivalent benefits, pay, and other terms and conditions of employment.

Exception: If, while you are on leave, your employer experiences a workforce reduction (that is, makes layoffs) and you would have lost your position had you not been on leave, then you are not entitled to be returned to your former position.


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