The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.

Authors: Fermin H. Llaguno and Maria R. Harrington, Littler Mendelson, PC

Summary

  • Hawaii's family leave law is similar, but not identical, to the federal Family and Medical Leave Act (FMLA). For example, unlike the FMLA, Hawaii's family leave law (HFLL) only applies to employers with 100 or more employees. See Covered Employers.
  • Employees who have worked for a covered employer for six consecutive months without a break due to resignation, termination or layoff are eligible to take leave. See Employee Eligibility.
  • Eligible employees may take up to four weeks per calendar year for the birth or adoption of a child, or to care for a child, spouse, civil union partner or reciprocal beneficiary, parent, parent-in-law, stepparent, legal guardian, grandparent or grandparent-in-law with a serious health condition. See Purposes and Length of Leave.
  • An employee's four weeks of family and medical leave may be taken on an intermittent or reduced schedule. See Reduced Schedule and Intermittent Leave.
  • Eligible employees must comply with certain notice and certification requirements in order to take leave. See Notice and Certification Requirements.
  • An employee may elect to substitute accrued paid leave, including vacation, personal or paid family leave, for any part of the four-week period. See Paid Time Off.
  • An employee who has taken leave under Hawaii's family leave law is entitled to be restored to the same or equivalent position unless the employee would have been laid off in a reduction in force had he or she not been on leave. See Reinstatement and Benefits.
  • Employers must reasonably accommodate employees disabled due to pregnancy, childbirth or related medical conditions. See Pregnancy Disability Leave.