10 Key Questions About Leave Laws in Hawaii

There are two main leave laws in Hawaii 一 the federal Family and Medical Leave Act (FMLA) and the Hawaii Family Leave Law (HFLL). Under the FMLA, eligible employees can take up to 12 workweeks of unpaid, job-protected leave for certain family and medical reasons, while the HFLL grants up to four weeks of family leave each year.

Hawaii law also grants employees time off to vote in elections and serve on a jury.

Additionally, state employees in Hawaii may receive certain paid leave benefits, including donor and foster parent leave.

Hawaii leave laws entitle employees to different types of leave, including:

• Family and Medical Leave: The federal FMLA allows eligible employees in Hawaii to take 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons. These include caring for an employee’s own or their family member’s serious health condition, or for childbirth, adoption, or foster care placement, and certain military exigencies. FMLA also provides 26 weeks of military caregiver leave in a 12-month period to care for a covered servicemember’s serious illness or injury.
• Hawaii Family Leave: Under the Hawaii Family Leave Law (HFLL), eligible employees are entitled to four weeks of family leave each year for childbirth or adoption, or to care for a family member with a serious health condition. The law covers employers with 100 or more employees for at least 20 weeks in the current or previous year. To qualify, an employee must have worked for the employer for at least six consecutive months. Though the leave is unpaid, an employee may use their accrued paid leave for any part of the unpaid family leave.
• Bone Marrow and Organ Donor Leave: Hawaii law provides state employees with up to seven days of paid leave each year to donate bone marrow and up to 30 days of paid leave each year to donate a living organ, under the state’s donor leave program.
• Foster Parent Leave: Hawaii’s state employees who are licensed foster parents may receive up to eight hours of paid leave each year to attend family court hearings for their foster children.
• Voting Leave: In Hawaii, employees are allowed to take up to two consecutive hours off from work to vote, without loss of pay or any penalties. However, this law does not apply if the employee already has at least two consecutive non-working hours while the polls are open.
• Jury Duty Leave: Hawaii law gives employees job-protected time off to serve on a jury. Employers are not required to pay for this time off, but the court may provide certain employees with $30 per day of jury service, along with mileage reimbursement at 33 cents per mile for travel between home and the courthouse.

The duration of a leave depends on the specific Hawaii leave law governing that particular leave type:

• FMLA Leave: Up to 12 weeks of family and medical leave, and up to 26 weeks of military caregiver leave in a 12-month period.
• Hawaii Family Leave: Four weeks of family leave each year.
• Bone Marrow and Organ Donor Leave: Up to seven days of paid bone marrow donor leave and up to 30 days of paid living organ donor leave each calendar year.
• Foster Parent Leave: Up to eight hours of paid leave each year to Hawaii state employees who are licensed foster parents.
• Voting Leave: Up to two consecutive hours without loss of pay to vote in elections.
• Jury Duty Leave: For the duration of jury duty.

Yes, part-time employees in Hawaii are entitled to family leave under the HFLL. They can also take this leave intermittently on a prorated basis, depending on the employee’s regular work schedule.

In Hawaii, part-time employees may also qualify for FMLA leave for certain family and medical reasons, as long as they meet the federal eligibility requirements for hours worked and length of service.

Yes, some types of leave in Hawaii are paid. State employees can receive up to seven days of paid leave each year for bone marrow donation and up to 30 days each year for living organ donation. Licensed foster parents who are Hawaii state employees are also entitled to up to eight hours of paid leave each year to attend family court hearings for their foster children.

Employees in Hawaii get paid when they take up to two consecutive hours of voting leave.

Employees can keep their group health insurance coverage during FMLA leave in Hawaii, under the same terms as if they were actively working. But they must continue paying their share of the premiums. If an employee decides not to maintain coverage while on leave, their health benefits must be fully reinstated upon returning from FMLA leave.

Other benefits, such as life insurance, disability insurance, sick leave, vacation, pensions, and retirement plans, must also be restored at the same level as before the employee’s FMLA leave began.

Similarly, all previously earned benefits of employees returning from family leave under the HFLL must be restored, including those accrued by law, contract, policy, or practice.

No, unused leave generally cannot be carried over to the next year in Hawaii. Neither the federal FMLA nor the Hawaii Family Leave Law (HFLL) requires employers to allow carryover of unused leave. Leave must be used within the year it is granted, unless an employer’s own policy or contract specifically provides otherwise.

In Hawaii, employees can be fired while on leave because the state follows “at-will” employment. However, exceptions apply if there is an employment contract or if firing the employee involves discrimination or violates a law or protection.

If an employee believes they were wrongfully terminated in Hawaii, they can file a complaint with Hawaii’s Department of Labor and Industrial Relations (DLIR) within 30 days.

Yes. Since Hawaii is an “at-will” employment state, employees can quit their jobs at any time, including while they are on leave, unless they are bound by an employment contract that requires a specific notice period or length of service.

If an employee’s rights under the Hawaii Family Leave Law (HFLL) are violated, they may file a complaint with the Department of Labor within 90 to 180 days of the violation.

If a violation is found, the department will first try to resolve the issue through conciliation. If that fails, the department will issue an order for compliance. The employer must comply or appeal within 20 days. If the employer does not act, the department or the employee may pursue civil action.

For FMLA violations, employees in Hawaii can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or pursue a civil action against the employer.