HAWAII FAMILY LEAVE LAW (HFLL)

1 Department of Labor and Industrial RelationsWage Standards DivisionHAWAII FAMILY LEAVE LAW ( hfll )and theFAMILY AND medical LEAVE ACT (FMLA)COMPARISON CHARTOCTOBER 2013 The attached is intended for reference purposes is not intended as a substitute for the actual law, and is subject to LEAVE COMPARISON CHARTRev 10/13 Page 2 of 9 TABLE OF CONTENTST opic:PageTopicPageEffective Dates----------------------------------- ----------------- 3 Definitions:Covered Employer (398-1)----------------------------- 3 Eligible Employee (398-1)----------------------------- 3 Definition of "Child" (398-1)-------------------------- 3 Definition of "Parent" (398-1)------------------------- 4 Health Care Provider (398-1)-------------------------- 4 Serious Health Condition (398-1)--------------------- 4 Twelve-Month Period---------------------------------- - 4 Unpaid or Paid LEAVE (398-4)------------------------- 4 FAMILY LEAVE Entitlements.

2 Qualifying Reasons for LEAVE (398-3)--------------- 5 Amount of LEAVE Entitlement (398-3)--------------- 5 Intermittent LEAVE ----------------------------------- ---- 5 Converting a "Week" to Equivalent Hours---------- 6 Relationship to Paid LEAVE ----------------------------- 6 LEAVE Sharing Required for SpousesEmployed by the Same Employer-------------- 6 Benefits Protection:Employment and Benefits Protection (398-7)------- 7 Unreduced Compensation for FLSAE xempt Employees------------------------------- - 7 Maintenance of Health Benefits During LEAVE ----- 7 Record Keeping and Notifications.

3 Record Keeping--------------------------------- --------- 7 Notice of Foreseeable LEAVE (398-5)------------------ 7 Notification to Employees------------------------------ 7 Certification of Serious Health Condition (398-6)-- 7 Educational Employee-------------------------------- ----------- 7 Key Employee Exemption------------------------------- ------- 8 Filing of Complaint------------------------------- --------------- 8 Appeal and Hearing--------------------------------- -------------- 8 Remedies and Penalties------------------------------- ----------- 8 FAMILY LEAVE COMPARISON CHARTRev.

4 10/13 Page 3 of 9 PROVISIONCHAPTER 398, HAWAII REVISED STATUTESFAMILY AND medical LEAVE ACT OF 1993 effective Dates1/1/92 Chapter effective for public sector (L1991 Act 328)7/1/94 Chapter effective for private sector (L1993 Act 157)7/1/93 Director's rule making authority (L1993 Act 152)7/1/95 Various amendments(*) (L1995 Act 154)7/1/96 Appeal and hearings provisions (L1995 Act 154)7/1/97 Reciprocal beneficiary qualifying reason for LEAVE (L1997 Act 383)7/1/03 Sick LEAVE definition, allow use of up to 10 days(L2003 Act 44)7/1/07 Only employee may elect to substitute accrued paidleaves (L2007 Act 265)5/6/09 Posting notice required (L2009 Act 48)8/5/93 Public and private sectors2/5/94 For employers under collective bargaining agreements2008 4986, eff.

5 1/16/09: the National Defense AuthorizationAct; "spouse, son, daughter, parent, or next of kin" totake up to 26 workweeks of LEAVE to care for a"member of the Armed Forces, including a member ofthe National Guard or ReservesCovered EmployerEmploys 100 or more employeeswithin the statefor eachworking day during 20 or more calendar weeks in the currentor preceding calendar yearEmploys 50 or more employees for each working day during20 or more calendar workweeks in the current or precedingcalendar yearEligible EmployeeEmployee must have at least six months ofconsecutiveemploymentNo restrictions based on number of hours workedThe HAWAII law does not cover federal employeesEmployee must have worked at least 12

6 Months (not necessarilyconsecutive),and1,250 hours in the preceding 12 also be employed at a worksite by an employer with 50 ormore employees within 75 miles of that , state, local, and certain federal government employeesDefinition of ChildBiological, adopted, or foster son or daughter of anemployee; a stepchild; a legal ward of an employeeNo limitation on age of child under the HAWAII lawBiological, adopted, foster, step son or daughter; legal ward; orchild of a person standing in loco parentisMust be under 18 years of age, or an adult child incapable ofself-care due to mental or physical disabilityDefinition of ParentBiological, foster, adoptive parent; a parent-in-law; astepparent; a legal guardian; a grandparent; or agrandparent-in-lawBiological parent or an individual who stood in loco parentis toan employee when the employee was a son or daughter; but nota parent-in-lawFAMILY LEAVE COMPARISON CHARTRev.

7 10/13 Page 4 of 9 PROVISIONCHAPTER 398, HAWAII REVISED STATUTESFAMILY AND medical LEAVE ACT OF 1993 Health Care ProviderPerson qualified by the director to render health care andservice, and with a license to practice medicine, dentistry,chiropractic, osteopathy, naturopathy, optometry, podiatry,and psychologyDoctor of medicine or osteopathy authorized to practice in theState; podiatrists, dentists, clinical psychologists, optometrists,chiropractors (for manual manipulation of spine to correctsubluxation demonstrated by X-ray); nurse-practitioners andnurse-midwives if authorized to practice under State law; orChristian Science practitioners listed with the First Church ofChrist, Scientist in Boston, MassachusettsSerious Health ConditionA physical or mental condition that warrants the participationof the employee to provide care during the period oftreatment or supervision by a health care provider, and:1.

8 Involves inpatient care in a hospital, hospice, or residentialhealth care facility; or2. Requires continuing treatment or continuing supervisionby a health care providerIllness, injury, impairment, or physical or mental conditioninvolving incapacity or treatment connected with inpatient care ina hospital, hospice, or residential medical -care facility; or,continuing treatment by a health care provider involving (1)incapacity or absence of more than 3 days from work, school, orother activities; (2) chronic or long-term condition incurable or soserious if not treated would result in incapacity of more than 3days.

9 Or (3) prenatal careTwelve-Month PeriodThe four-weekentitlementis based on a calendar year( 398-3, HRS, & 12-27-1 & 6(d), HAR).Thelimitationto the entitlement can be based on a twelve-month period ( 398-3(d), HRS, & 12-27-6(c)), which mightnot be measured as a calendar year. The employer cannotchange from one twelve-month method to another if thetransition results in the reduction or loss of any FAMILY leavebenefit, or is intended to avoid the requirements of the LEAVE entitlementanduse for birth or adoption is basedon a twelve-month period, which may not necessarily be acalendar or Paid LeaveThe intent of the law is to entitle an eligible employee to fourweeks of job protectedunpaidleave for qualifying July 1, 2003, an employee may elect to substituteaccruedsick leavefor FAMILY LEAVE purposes.

10 Provided thatan employee shall not use more than ten days per year forthis purpose, unless a collective bargaining agreementprovides for the use of more than ten days ( 398-4(c), HRS,and 12-27-9, HAR). effective July 10, 2007, the employee chooses whether touse vacation or sick LEAVE for a paid FAMILY LEAVE . The"employer" was deleted from 386-4(b), leaving only the"employee" as having a "eligible" employees of a covered employer to take up toa total of 12 workweeks in any 12 months (see Sec. (b))job-protected,unpaid leavefor qualifying an eligible employee to choose to substitute accruedpaid LEAVE for FMLA LEAVE .