| The Hawaii Family Leave Law ("HFLL") regulations | | | | Hawaii employers covered by both federal and state |
| make clear that HFLL incorporates federal definitions | | | | law must understand the differences in the two sets |
| and interpretation of leave law under the Family | | | | of laws, including the position taken by the federal |
| Medical Leave Act ("FMLA"), unless federal law is less | | | | DOL that, "where an employer's usual and customary |
| favorable to the employee. | | | | notice and procedural requirements for requesting |
| Generally, FMLA applies to all private employers who | | | | leave are consistent with what is practicable given |
| have 50 or more employees for each working day of | | | | the particular circumstances of the employee's need |
| 20 or more (not necessarily consecutive) calendar | | | | for leave, the employer's notice requirements can be |
| workweeks in the current or preceding calendar year. | | | | enforced." In addition, the current position of the |
| FMLA requires covered employers to allow eligible | | | | Deparment is that the "flat two-day rule" under the |
| employees to take up to 12 weeks of unpaid leave | | | | previous regulations has been rescinded. |
| for the birth or adoption of a child, to care for a child, | | | | Thus, the determination of the adequacy of an |
| parent, or spouse who suffers from a "serious health | | | | employee's notice is driven by the individual facts and |
| condition," if the employee's own serious health | | | | circumstances, rather than an arbitrary two-day |
| condition makes them unable to perform one or | | | | timeframe. The regulation itself also recognizes |
| more essential functions of the job, or for certain | | | | employers' ability to enforce reasonable call-in policies. |
| qualifying exigencies. An eligible employee under FMLA | | | | "Where an employee does not comply with the |
| has been employed by the employer for 12 months | | | | employer's usual notice and procedural requirements, |
| and has worked 1,250 hours during the preceding 12 | | | | and no unusual circumstances justify the failure to |
| months. | | | | comply, FMLA-protected leave may be delayed or |
| Under HFLL, employers with more than 100 | | | | denied" so long as the employer does not delay or |
| employees (determined in a manner similar to FMLA) | | | | deny leave where the employee provides timely |
| must comply with both FMLA and HFLL. Generally, | | | | notice as set by the regulation. |
| HFLL does not cover eligible employees that take | | | | In theory the employer is permitted to better plan |
| leave for their own serious health condition, but only | | | | for staffing and operational needs by requiring an |
| leave taken for an employee's in-laws, grandparents | | | | employee eligible for protected leave to comply with |
| and reciprocal beneficiaries. HFLL provides only four | | | | notice procedures. Employees will be encouraged to |
| weeks of leave instead of FMLA's 12 weeks. An | | | | comply with notice requirements knowing that the |
| employee eligible for leave under HFLL need only to | | | | failure to do so could result in denial of protected |
| have been employed for six months for the covered | | | | leave. |
| employer, regardless of the number of hours worked. | | | | |