Employers with 100 or more employees should review their policies and practices involving the Hawaii Family Leave Law (HFLL) in light of Governor Ige's decision to sign Act 128 into law earlier this month. The Act, which took effect upon the Governor's signature, expands the reasons that covered employees can take leave under the HFLL to include siblings with a serious health condition.
The HFLL applies to employers with 100 or more employees. Prior to Act 128, the law allowed employees with at least six consecutive months of service to take up to four weeks of leave for either (1) the birth or adopt of a child; or (2) to care for a child, spouse, reciprocal beneficiary, or parent with a serious health condition.
While the new legislation adds sibling to the list of individuals for which employees may take leave, it also raises additional questions that have yet to be answered. Act 128 does not define the term "sibling." As such, it is not clear whether "siblings" include in-laws, foster siblings, adoptive siblings, or whether there are any restrictions on the age of sibling covered. As such, the Department of Labor and Industrial Relations will issue new administrative rules defining the term "sibling." The agency also plans to issue guidance on this legal change, and will be updating its certification of serious health condition form to include siblings.