Hawaii Family Leave Law Amended to Include Military Exigency Leave

On May 19, 2026, Governor Green signed into law Act 013 Relating to Military Families. Effective July 1, 2026, employers subject to the Hawaii Family Leave Law (HFLL) must also provide leave to qualifying employees for military exigencies. 

For your reference, HFLL applies to employers with 100 or more employees, and employees working for at least 6 months are eligible for HFLL leave. Eligible employees may take up to 4 weeks of unpaid job-protected leave for qualifying reasons under HFLL. Please refer to the State of Hawaii Wage Standards Division Hawaii Family Leave FAQs for more information.

Under Act 013, “military exigency” under HFLL mirrors exigencies provided by the federal Family and Medical Leave Act (FMLA). Common examples of military exigencies are arranging for alternative childcare, attending military events, or obtaining support to prepare for a family member’s active duty deployment to a foreign country. Please refer to 29 CFR 825.126 for more information. Note that HFLL has a broader definition of “family” than FMLA. HFLL military exigency leave may be taken when a child, spouse, reciprocal beneficiary, sibling, grandchild, or parent is deployed to a foreign country, whereas FMLA limits military exigency leave to foreign deployment for a spouse, child, or parent.

Employees must provide advance notice when requesting military exigency leave, and employers are required to obtain a copy of the “official military orders” from employees taking military exigency leave.

Employers are encouraged to train HR staff and managers, and update applicable leave policies and processes, to ensure compliance with HFLL, starting July 1, 2026. 

HEC members who have questions or would like assistance regarding this change are encouraged to contact their HR Consultant. 

Please note the information provided is for informational purposes only and may not reflect the most current regulatory developments.  We strive to keep our materials up to date, but there may be occasions when information becomes outdated.  Users are encouraged to verify the applicability of the content before relying on it for decision-making.  If you have any questions or concerns regarding the accuracy or relevance of the information, please contact us directly for assistance.