HR Alert

Hawaii: Certain Employees May Take State Family Leave to Care for Siblings

Amended Law Currently in Effect

An amended law in Hawaii permits certain employees to take state family leave in order to care for employees' siblings with serious health conditions. Highlights of the amended law are presented below.

Family Leave Entitlement
Under the amended law, an employee is generally entitled to a total of 4 weeks of family leave during any calendar year:

  • Upon the birth of a child of the employee or the adoption of a child; or
  • To care for the employee's child, spouse, reciprocal beneficiary, sibling, or parent with a serious health condition.

Note: The state family leave law generally covers private employers with 100 or more employees.

Notice and Certification
The amended law clarifies that in any case in which the necessity for state family leave for purposes of birth or adoption of a child or providing care to a child, spouse, reciprocal beneficiary, sibling, or parent is foreseeable, the employee must provide the employer with prior notice of the expected birth, adoption, or serious health condition in a manner that is reasonable and practicable.

Under preexisting law, an employer may require that a claim for state family leave be supported by written certification. The amended law clarifies that when leave is to care for a child, spouse, reciprocal beneficiary, sibling, or parent who has a serious health condition, certification must be issued by the health care provider of the individual requiring care. Additional details on (among other things) notice and certification are contained in the law and regulations.

Click here to read the text of the amended law. The amended law is currently in effect.

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