What Are the Employee Leave Laws in Hawaii?

If you're running a business in Hawaii, it's important to know about the different types of employee leave that the state requires. From paid sick days to family and medical leave, Hawaii has set up several rules to make sure workers can take time off when they need it.

Although these laws can seem complicated, keeping up with them is key to fostering a happy and efficient team. Once you get to know Hawaii's leave requirements, you can design policies that support your employees and keep you clear of any legal trouble.

This article will break down the main employee leave laws in Hawaii, covering who can take leave, how leave is accrued, and what employers need to do.

Whether you're just starting out or have been in HR for years, this guide will help you figure out your duties and put together a leave policy that suits your company.

Overview of Employee Leave Laws in Hawaii

Hawaii has several types of employee leave, including paid sick leave, family and medical leave, and leave related to domestic violence situations. The Hawaii Family Leave Law allows eligible employees to take up to 4 weeks of unpaid leave each year for things like the birth or adoption of a child, or caring for a family member with a serious health issue.

Moreover, the state's Temporary Disability Insurance (TDI) program provides partial wage replacement for employees who can't work due to a non-work-related illness or injury. Employers must offer TDI coverage, which can come from a state plan or a private plan that’s been approved.

Hawaii doesn't have a statewide paid sick leave law, but the Hawaii Family Leave Law permits employees to use up to 10 days of their accrued sick leave for family leave. Employers should also check out local rules, like Honolulu's Sick Leave Ordinance, which mandates certain employers to provide paid sick leave to eligible workers.

Vacation and Sick Leave Policies

Unlike some other states, Hawaii doesn't have a law that forces companies to give their employees paid vacation days or sick leave. Offering these perks is totally up to the employer.

But if a business decides to provide vacation or sick leave, they've got to put the rules in writing. You can give each employee a copy of the policy or post it somewhere that everyone can see.

When it comes to figuring out how employees earn and use their paid time off, the ball is in the employer's court. Maybe you want folks to accrue hours based on how long they've worked for you, or perhaps you'd rather give everyone the same number of days at the start of each year.

You also get to decide things like whether unused days roll over, if employees can cash out their leftover time, and how far in advance they need to request leave. Just make sure your system is fair and clearly spelled out for your team.

Hawaii Family Leave Law

The Hawaii Family Leave Law (HFLL) is the state's version of the federal FMLA, but with a few key differences. Under the HFLL, employees who meet certain criteria can take up to 4 weeks of unpaid leave each calendar year.

Employees can use this leave for major life events, like welcoming a new child through birth or adoption. They can also take time off to care for a seriously ill family member, such as a spouse, child, parent, or reciprocal beneficiary.

If an employee has earned paid time off, like vacation days or sick leave, they can choose to use that instead of taking unpaid leave. However, only sick leave that's above and beyond the 15 days required by the state's Temporary Disability Benefits Plan can be applied to family leave.

To qualify for HFLL leave, an employee must have worked for their employer for at least 6 consecutive months. When the need for leave is foreseeable, like for a planned adoption or surgery, the employee should give their boss a heads up.

It's important to note that the HFLL applies to employers with 100 or more employees, while the FMLA kicks in for those with 50 or more. If an employee is covered by both laws, the leave periods will typically run concurrently. So, an employee could take 4 weeks of HFLL leave and then an additional 8 weeks of FMLA leave, for a total of 12 weeks.

Interaction with Federal Family and Medical Leave Act (FMLA)

The FMLA is a federal law that gives certain employees the right to take unpaid, job-protected leave for specific family and medical reasons. This leave is separate from what's provided under the HFLL, and in some cases, employees may be eligible for both types of leave.

Under the FMLA, employees can take leave for their own serious health condition that makes them unable to perform their job duties. They can also use FMLA leave to care for a spouse, child, or parent with a serious health condition.

The FMLA also provides leave for military families. Eligible employees can take up to 26 weeks of military caregiver leave to care for a covered servicemember with a serious injury or illness. Additionally, the FMLA allows for qualifying exigency leave when an employee's spouse, child, or parent is on covered active duty or called to covered active duty status.

To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months and have clocked at least 1,250 hours in the 12 months before their leave starts. They also must work at a location where the company employs 50 or more employees within 75 miles.

If an employee qualifies, they can take up to 12 weeks of FMLA leave in a 12-month period. This is typically calculated as the 12 months from the date an employee's leave begins.

In situations where an employee is eligible for both HFLL and FMLA leave, the two leave periods will usually run concurrently. This means that the time an employee takes off under the HFLL will also count against their 12-week FMLA entitlement.

For example, let's say an employee takes 4 weeks of HFLL leave to bond with a new baby. If they're also eligible for FMLA leave, those 4 weeks would count towards their 12-week FMLA allotment, leaving them with 8 more weeks of FMLA leave to use in that 12-month period.

It's important for employers to understand the differences between the HFLL and the FMLA, as well as how they interact. By having a solid grasp on these laws, you can ensure that you're providing the right amount of leave to eligible employees and staying compliant with both state and federal regulations.

Other Types of Leave Required by Hawaii Law

In addition to the HFLL and the FMLA, Hawaii has a few other leave laws that employers should be aware of. One of these is the Hawaii Victims Leave Act, which provides unpaid leave for employees who are victims of domestic or sexual violence.

Under this law, employees can take up to 30 days of unpaid leave in a calendar year to seek medical attention, obtain services from a victim services organization, or participate in safety planning. This leave is available to employees who have worked for their employer for at least 6 consecutive months.

Hawaii also requires employers to provide leave for employees who are called to serve on a jury. This leave is unpaid, but employers cannot terminate, threaten, or coerce an employee because they receive and respond to a summons for jury duty.

When an employee needs to take domestic violence leave, they should provide their employer with reasonable advance notice, unless doing so is not practicable due to imminent danger. Employers can request that the employee provide certification to support their request for leave, such as a police report or a document from a victim services organization.

Jury duty leave, on the other hand, is available to all employees who are summoned to serve. Employees should notify their employer of their need for leave as soon as they receive a summons. Employers are not required to pay employees for time spent on jury duty, but they cannot take any adverse action against an employee for responding to a summons.

It's worth noting that some counties in Hawaii may have additional leave requirements. For example, Honolulu's Family Leave Ordinance provides up to 90 days of unpaid leave for employees who need to care for a family member with a serious health condition. This ordinance applies to employers with 100 or more employees.

Employer Responsibilities and Best Practices

As an employer in Hawaii, it's crucial to have well-defined, written leave policies that align with both state and federal regulations. Your policies should cover all types of leave that your employees are entitled to, including HFLL, FMLA, and any other applicable laws.

When crafting your policies, be sure to specify eligibility requirements, leave durations, and the process for requesting and approving leave. It's also a good idea to outline any requirements for employees to provide notice or certification when taking leave.

Having clear, compliant policies not only helps you stay on the right side of the law, but it also ensures that your employees understand their rights and responsibilities when it comes to taking time off. This can help prevent misunderstandings and disputes down the line.

In addition to having written policies, employers in Hawaii must also keep accurate records of employee leave. This includes tracking the amount of leave each employee has taken, as well as the reasons for the leave.

For FMLA leave, employers must keep records for at least three years. These records should include basic payroll information, dates of FMLA leave taken, and any notices provided to or by the employee.

Employers also have certain notice requirements under the FMLA. They must post a general notice about the FMLA in a conspicuous location, and they must provide a written notice detailing specific expectations and obligations to employees who request FMLA leave.

While the HFLL doesn't have specific record keeping or notice requirements, it's still a best practice to maintain thorough records and to communicate clearly with employees about their leave entitlements.

Managing employee leave can be a challenge, especially for small businesses with limited staff. However, there are steps you can take to minimize disruptions and keep your operations running smoothly.

One key strategy is to cross-train your employees so that they can cover for one another when someone is out on leave. This can help prevent gaps in coverage and ensure that critical tasks still get done.

It's also a good idea to encourage open communication with your employees about their leave needs. If an employee knows they'll need to take leave in the future, such as for a planned surgery, ask them to give you as much advance notice as possible. This will give you more time to plan for their absence and make any necessary arrangements.

When an employee is on leave, make sure to stay in touch with them and keep them updated on any important developments at work. This can help them feel connected and make the transition back to work smoother.

Finally, consider investing in technology or tools that can help you manage employee leave more efficiently. For example, there are software programs that can help you track leave balances, generate required notices, and streamline the leave request process.

By staying organized, communicating openly, and being proactive in your approach to leave management, you can fulfill your legal obligations and support your employees while still keeping your business on track.

Final Thoughts

Navigating the landscape of employee leave laws in Hawaii can seem daunting, but by understanding your obligations and implementing clear policies, you can create a work environment that supports your employees while keeping your business running smoothly.

Remember, the HFLL and the FMLA provide important protections for employees who need time off for family or medical reasons. By complying with these laws and offering additional leave benefits when possible, you show your employees that you value their well-being and work-life balance.

It's also crucial to stay informed about any updates or changes to Hawaii's leave laws. Keep an eye out for new legislation or amendments that may impact your policies, and be sure to update your employee handbook and other documentation accordingly.

When in doubt, don't hesitate to seek guidance from a trusted HR professional or legal counsel. They can help you interpret the laws, develop compliant policies, and handle any complex leave situations that may arise.

Ultimately, by prioritizing compliance and communication around employee leave, you can foster a positive, supportive workplace culture that attracts and retains top talent. Your employees will appreciate knowing that they can take the time they need to care for themselves and their families, without fear of losing their job or facing other repercussions.

So, take the time to review your current leave policies, make any necessary updates, and educate your employees about their rights and responsibilities. By doing so, you'll be well on your way to building a strong, resilient team that can weather any challenges that come your way.

By prioritizing compliance and communication around employee leave, you can foster a positive, supportive workplace culture that attracts and retains top talent. At GoCo, we understand the challenges of managing employee leave and are here to help you navigate the complexities of HR. Book a demo with us today to learn how our user-friendly platform can streamline your leave management process and keep you compliant with Hawaii's ever-evolving regulations.