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Hawaii Leave of Absence (FMLA): What you need to know

Hawaii offers FML protections to public and private employers under its Family and Medical Leave Act (HI Rev. Stat. Sec. 398-1et seq.).
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The Hawaii Family Leave Act covers public and private employers with 100 or more employees for each working day during each of 20 or more calendar weeks in the current or preceding calendar year. Public employers and private employers with fewer than 100 employees may have obligations under the federal Family and Medical Leave Act (FMLA).
There is additional information on the FMLA.
In order to be eligible for family leave, the employee must be employed for not less than 6 consecutive months by the employer.
An employee must be entitled to a family leave upon the birth or adoption of a child; to care for the employee's child, spouse, or reciprocal beneficiary; or parent with a serious health condition.
This law, unlike the federal FMLA, does not entitle eligible employees to a medical leave due to an employee's own serious health condition.
A “child” means a biological, step, adopted, or foster child of an employee.
A “parent” is defined more broadly under the state statute than under the federal FMLA. “Parent” includes a biological, foster, adoptive, stepparent, legal guardian, parent-in-law, grandparent, or grandparent-in-law.
A "reciprocal beneficiary" is defined as two adults who are parties to a valid reciprocal beneficiary relationship. The requirements are: (1) each of the parties is at least 18 years of age; (2) neither is married or a party to another reciprocal beneficiary relationship; (3) the parties are legally prohibited from marrying each other; (4) voluntary ...

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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