Hawaii Leave of Absence (FMLA) laws & HR compliance analysis

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

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness.
Hawaii does have such a law. Hawaii offers family and medical leave protections to public and private employers under its Family Leave Act (HI Rev. Stat. Sec. 398-1et seq.).
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Covered employers. 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.
Eligible employees. In order to be eligible for family leave, the employee must be employed for not less than 6 consecutive months by the employer.
Qualifying leave events. An employee must be entitled to a family leave upon the birth or adoption of a child or to care for the employee's child, sibling, spouse, reciprocal beneficiary, parent, parent-in-law, grandparent, or grandparent-in-law 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. However, the state law does cover additional family members.
ACT 40 (HB 2148). Effective July 1, 2020, ACT 40 (HB 2148) extends the law to include “grandchildren” and expands the definition of “sibling” to cover “an individual who is a biological, adopted, or foster brother or sister, or a stepbrother or stepsister of an employee.”
Child means a biological, step, adopted, or foster child of an employee.
Parent is defined more broadly under the state ...

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