Hawaii · statute · Haw. Rev. Stat. ch. 398 · 22 active provisions
As used in this chapter, unless the context clearly requires otherwise: "Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee. "Department" means the department of labor and industrial relations. "Director" means the director of labor and indust…
Every employer shall post and keep posted notices clearly setting forth the rights of employees provided by this chapter in a form prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way to or from the emplo…
The rights provided under this chapter shall not apply to employees of an employer with fewer than one hundred employees.
(a) An employee shall be entitled to a total of four weeks of family leave during 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, grandchild, or parent with a serious health condition. (b) Duri…
(a) Pursuant to section 398-3, an employee shall be entitled to four weeks of family leave. The family leave shall consist of unpaid leave, paid leave, or a combination of paid and unpaid leave. If an employer provides paid family leave for fewer than four weeks, the additional period of leave added to attain the four-…
In any case in which the necessity for 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 shall provide the employer with prior notice of the expected birth or adoption or serious health condition in a m…
(a) An employer may require that a claim for family leave be supported by written certification. (b) For the birth of a child, certification shall be issued by a health care provider or the family court. For the placement of a child for adoption with the employee, certification shall be issued by a recognized adoption…
(a) Upon return from family leave, the employee shall be entitled to be restored by the employer to the position of employment held by the employee when the leave commenced, or restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. If, however, during…
(a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter. (b) It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by t…
(a) The director shall have jurisdiction over those prohibited acts made unlawful by this chapter. (b) The department shall assist employers in the placement of temporary help to perform the work of those employees on family leave. (c) The director also may hire, subject to chapter 76, investigators, hearings officers,…
(a) There is established a family leave data collection system to: (1) Ensure that all employees covered by the benefits of this chapter are informed of their rights under this chapter and their names are entered into the database upon application for benefits; (2) Collect pertinent data, consistent with state and fede…
(a) Section 398-3 shall set a minimum standard that is not intended to replace family leave policies that exist as of the effective date of this Act and that provide for equal or greater employment benefits than those benefits afforded under this chapter. (b) Nothing in this chapter shall be construed to modify, elimin…
Subject to chapter 91, the director may adopt rules necessary for the enforcement and administration of this chapter. The rules shall have the force and effect of law.
(a) Any individual claiming to be aggrieved by an alleged unlawful act may file with the department a verified complaint in writing. (b) The attorney general or the department, in like manner, may file a complaint on behalf of an individual. (c) A complaint may be filed on behalf of a class by the attorney general or t…
At any time after the filing of a complaint, but prior to a determination by the department that this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement.
(a) The department may investigate and conciliate any complaint filed under this chapter. (b) Every employer shall furnish or provide to the department access to records, documents, and other material to determine compliance with this chapter. The department shall have the right to examine, photograph, or copy the mate…
(a) Upon appeal by the employer, the order issued by the department shall be subject to a de novo review by a hearings officer appointed by the director. (b) The hearings officer shall schedule a contested case hearing that shall be heard in accordance with chapter 91. (c) At any time after the filing of an appeal unde…
(a) If an employer fails or neglects to comply with the: (1) Final order of the department from which no appeal has been taken as provided by this chapter; or (2) Final decision of the hearings officer, the department or the affected employee may apply to any court of competent jurisdiction to enforce the provisions of…
(a) In addition to all employment terms and benefits provided under section 398-7, remedies prescribed and ordered by the department or the court under this chapter may include any legal, equitable, and other relief the department or court deems appropriate. (b) Relief under this section may include: (1) The amount of…
(a) The department may issue a notice of right to sue. Within ninety days after the receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The department may intervene in a civil action brought pursuant to this chapter if the case is of general importance. (b) An action by an…
The department may investigate whether the terms of an agreement, settlement, order, or decision are being complied with by the employer. If the employer is not in compliance, the department shall take appropriate action as provided under this chapter.
Any employer who intentionally resists, prevents, impedes, or interferes with the department in the performance of duties pursuant to this chapter, or who in any manner intentionally violates this chapter, shall be guilty of a petty misdemeanor.