This article compares the federal Family and Medical Leave Act (FMLA) to the Hawaii Family Leave Law (HFLL). Although the laws are similar, there are important differences that Hawaii employees and employers should be aware of.
Employer Coverage
FMLA covers employers with 50 or more employees in at least 20 weeks of the current or preceding year. HFLL covers larger employers: those with 100 or more employees working at least each working day for 20 weeks.
Employee Eligibility
An employee is eligible for FMLA leave if the employee has worked for a covered employer for at least one year, and has worked at least 1,250 hours in the last year. The employee must also be employed at a worksite that has 50 or more employees within 75 miles. Under the HFLL, an employee is eligible for leave after being employed for six consecutive months by a covered employer. Under Hawaii law, there is no hourly requirement.
Leave Required
Under FMLA, eligible employees are entitled to 12 weeks of leave during a 12-month period, for most types of leave. Employees who need time off to care for a family member who was seriously injured while on active duty in the military can take up to 26 weeks off in a single year. Under the HFLL, the eligible employee is entitled to four weeks of leave each calendar year, not to exceed four weeks in a 12-month period.
Medical Coverage
Under the FMLA, employees are entitled to continue their medical coverage under the employer's group health plan while they are out on leave. The employer and employee each continue to pay whatever portion of the premium they are generally responsible for. Under the HFLL, employees are not entitled to continue their medical coverage under the employer's plan.
Purpose of Leave
Under the FMLA, employees may take leave for the birth, adoption, or placement of a child, or to care for a child, spouse, or parent with serious medical condition. Leave is also available for the employee’s own serious health condition. (Military family leave is also available under the FMLA.)
Under the HFLL, employees may take leave for the birth or adoption of a child or to care for a family member with a serious medical condition. More family members are covered by the HFLL, including parents-in-law, grandparents, grandparents-in-law, and reciprocal beneficiaries. However, employees may not take leave for their own serious health condition.
Intermittent Leave
Under the FMLA, intermittent leave is permitted only for a serious health condition and only when medically necessary. (Intermittent leave is leave taken a few hours or days at a time, as needed, rather than all at once.) For the birth or adoption of a child, intermittent leave is permitted only if the employer agrees to provide it. Under the HFLL, intermittent leave is permitted under all circumstances.
Reinstatement
Both federal and Hawaii law generally require the employee to be restored to the same or an equivalent position in all terms and conditions.
