Hawaii Family Leave Law

COVERAGE UNDER THE HFLL

The law applies to you if you work:

- for an employer with 100 or more employees for each working day during each of twenty or more calendar weeks in the current or preceding year:

- at least six consecutive months for wages under any contract or hire with an employer. There is no restriction on the number of hours you have worked.  

NOT COVERED?

The HFFL does not cover federal employees.

QUALIFYING REASONS FOR LEAVE?

Birth of your child, adoption of your child, or to care for your child, spouse or parent with a serious health condition. Leave for your own serious health condition is not covered under the HFFL.

 HOW MUCH LEAVE PAID OR UNPAID?

If eligible, you are entitled to a total of 4 weeks of unpaid family leave during any calendar year - the leave may be used intermittently.

FAMILY LEAVE IN COMBINATION WITH PAID LEAVE?

• If your employer provides paid leave for less than four weeks, you may add unpaid leave to reach the four-week total.
• Your employer must let you use your accrued and available sick leave for family leave purposes.
• The use of sick leave is limited to 10 days per year unless a collective bargaining agreement provides for the use of more.
• Both you or your employer may elect to substitute any of your other accrued paid leave (vacations, personal, family leave, etc.) for any part of the four-week period if legally allowable and agreeable for both parties.
  
  

EMPLOYERS MAY REQUIRE MEDICAL CERTIFICATION FOR ANY REQUESTED FAMILY LEAVE, INCLUDING:

• Certification for the birth of a child issued by a health care provider or family court.
• Certification of the placement or adoption of a child with the employee.
• Certification of a serious health condition of a child, spouse or parent by a health care provider.

JOB AND BENEFITS PROTECTION?

By return you must be restored to the same or equivalent position held prior to the leave with equivalent benefits, pay and other conditions of the employment.

NOTICE REQUIRED?

If the leave is foreseeable you are required to give notice in a manner that is reasonable and practicable.

FILING A COMPLAINT?

A complaint must be filed within 90 days after the:

1) date of the alleged unlawful act; or

2) date of discovery of the alleged unlawful act; however, in no event shall such a complaint be filed after the expiration of 180 days of the alleged unlawful act.