Employees in Hawaii can take up to 12 weeks of unpaid leave per year if they meet the requirements of the Family and Medical Leave Act (FMLA). But Hawaii also has its own requirements for taking family leave under the Hawaii Family Leave Law. Which laws apply to employers in Hawaii, and which employees are eligible for FMLA leave?
Here’s what employers need to know about their obligations under FMLA in Hawaii, as well as whether or not they have any additional obligations under state law.
What Is FMLA in Hawaii?
The Family and Medical Leave Act (FMLA) is a federal leave entitlement that applies to eligible employees in Hawaii and any other state. To qualify for federal FMLA leave, an employee in Hawaii needs to work for a “covered employer,” such as:
- A government agency (local, state, or federal)
- A public or private school or educational department
- A private employer who had at least 50 employees for more than 20 weeks in the current or previous calendar year
If employees meet the eligibility requirements, they can take up to 12 weeks of leave in a 12-month period for a FMLA-qualifying reason. These include:
- The birth of a child
- The adoption of a child
- The placement of a child in foster care
- To care for an ill or injured family member
- To care for an ill or injured service member (military caregiver leave)
- To address a qualifying exigency related to military service (military family leave)
- To treat the employee’s own serious health condition
Employees can take a maximum of 12 weeks of FMLA leave per year (up to 26 weeks for military caregiver leave). If an employee uses sick leave while on FMLA leave, or is eligible for paid leave at the state level, this typically applies concurrently rather than consecutively, and counts toward their FMLA leave entitlement.
Which Employees Are Eligible for FMLA in Hawaii?
FMLA applies to both full-time and part time workers, but employees must perform a minimum amount of work for their employer before they’re eligible. According to the U.S. Department of Labor (DOL.gov), they must:
- Have worked for their covered employer for at least 12 months (not necessarily consecutive months)
- Have performed at least 1,250 hours of work in the preceding 12 months
- Work at a location with at least 50 employees in a 75-mile radius
FMLA leave is job-protected, which means the employee has the right to keep their employer-sponsored health insurance and return to the same role or an equivalent position. They may also be allowed to take intermittent leave, rather than a single continuous leave period, especially in cases of medical necessity.
What Is the Hawaii Family Leave Law?
The Hawaii Family Leave Law (HFLL) applies to some employees and circumstances that may not be covered by the federal Family and Medical Leave Act. Under this law, employees can take up to 4 weeks of unpaid leave for family leave purposes.
HFLL applies to employers with at least 100 employees working in the state of Hawaii; employees outside of the state of Hawaii don’t count toward the total. Employees must work for their employer for at least six months in order to be eligible for leave.
According to the Department of Labor and Industrial Relations, qualifying reasons for taking family leave include:
- Bonding with a newborn child
- Caring for an ill or injured family member (including the employee’s spouse, the employee’s child, a parent, step-parent, grandparent, grandparent-in-law, or a reciprocal beneficiary such as a domestic partner)
Hawaii doesn’t provide paid family leave, but employees may be able to use paid time off while on HFLL leave in line with their employer’s family leave policy or collective bargaining agreement (if either of those apply).
Alternatives to FMLA in Hawaii
Many employees will find that their situation is covered either by the federal Family and Medical Leave Act, or by the Hawaii Family Leave Law. But what if an employee isn’t eligible for FMLA or the HFLL? Here are three state laws that might apply.
Pregnancy Disability Leave
Can employees take FMLA leave for pregnancy in Hawaii? Not quite. While FMLA does provide parental leave after the birth of a child, it doesn’t specifically apply to pregnancy. The Hawaii Administrative Rules fill the gap with a specific entitlement for “leave due to pregnancy, childbirth, or related medical conditions.”
The law doesn’t say exactly how much leave an employee can take, but says it should be based on the employee’s job and the opinion of their health care provider.
Temporary Disability Insurance
Neither FMLA nor HFLL provide paid leave in Hawaii, but some medical conditions may qualify for Temporary Disability Insurance (TDI). This program, which has been around since 1969, requires employers to maintain an approved TDI insurance plan.
TDI offers wage replacement if an employee can’t work due to a “nonwork-related injury or sickness, including pregnancy.” Employees must have performed at least 14 weeks of work in Hawaii and must file a claim within 90 days of the injury or illness.
Domestic Violence Leave
Employers in Hawaii are required to provide up to 30 days of domestic violence leave per year (or five days for employers with fewer than 50 employees) for self-care or to care for the employee’s child as a result of domestic or sexual violence.
They can use this time to access legal support, victim services, or counseling, or to relocate permanently or temporarily.
Best Practices for FMLA in Hawaii
Complying with multiple state and federal family leave laws can be a headache for your HR department. But with these best practices — and leave of absence automation — you can simplify the process for your employees and HR team members alike.
Determine Your Legal Obligations
Not all employees in Hawaii are eligible for FMLA, and not all Hawaiian employers are covered by it. The number of people you employ in the state of Hawaii — and even the number of employees who work at a specific job site — can determine whether or not an individual employee is eligible for FMLA.
Don’t get caught off guard by your obligations as an employer. Use a leave of absence management platform like Pulpstream to automatically assess new leave requests for eligibility and ensure compliance with state and federal leave laws.
Respect Confidentiality
Taking time off work for family or medical reasons can bring up issues related to privacy and confidentiality. Employees may be asked to provide medical documents to support their leave request, even in cases of pregnancy or domestic violence.
Ensure your HR team is tactful when making these requests — and adhere to FMLA confidentiality rules by storing medical information separately from other files.
Provide a Self-Service Portal
No employee wants to spend their time on leave filling out FMLA forms, any more than your HR team wants to waste time chasing after medical documents. Make it easy on everyone by providing a self-service portal that employees can use to request leave, upload medical documents, and even check their leave balance online.
Pulpstream’s leave management platform reduces the amount of time your HR team needs to spend on each leave request from hours to minutes.
Streamline FMLA Leave in Hawaii
Managing FMLA leave in Hawaii requires assessing employee eligibility, verifying the employee’s reason for leave, and tracking their leave balance. Employees in Hawaii may have additional protections under the Hawaii Family Leave Law (HFLL), which provides up to four weeks of leave for certain qualifying conditions.
Streamline FMLA in Hawaii with Pulpstream’s HR automation platform. Our cloud-based platform is designed to simplify the process for employees, while saving HR teams time and money. Request a demo today to see Pulpstream in action!
