Under current Hawaiian law, employers with at least 100 employees must allow eligible employees to take up to four weeks of leave in any calendar year to care for a family member with a serious health condition. Family members include parents-in-law, grandparents, grandparents-in-law, and reciprocal beneficiaries. Employees are also permitted leave to care for a newly born or adopted child.
Act 128, which was signed into law on June 10, 2017, modifies the current law. Now, employees are allowed to take four weeks of leave in any calendar year: “(1) Upon the birth of a child of the employee or the adoption of a child; or (2) To care for the employee's child, spouse, reciprocal beneficiary, sibling, or parent with a serious health condition”.
The amendment also clarifies that when state family leave used for the purpose of birth or adoption of a child or providing care to a child, spouse, reciprocal beneficiary, sibling, or parent is foreseeable, employees must provide their employers prior notice of the expected birth, adoption, or serious health condition in a manner that is reasonable and practicable. If an employer requires that an employee requesting leave to care for a family member or his/her own serious health condition submit a written certification to support the request, the certification must be issued by the health care provider of the individual requiring care.
Coverage: Hawaii employers with 100 or more employees.
Effective: The Act was made effective upon signing.
Action Required: You should review your policy and update it as appropriate to ensure that eligible employees may use up to four weeks of state family leave to also care for their siblings. You should also contact your Human Resources Business Partner if you have any questions.
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