Hawaii FMLA And Leave Law Guidelines And Requirements

The Family & Medical Leave Act (FMLA) is a federal law that applies to employer organizations with 50 or more employees for 20 or more workweeks in the current or previous calendar year.

The Family & Medical Leave Act does not take the place of other sources of leave, including Hawaii's FMLA and other state leave laws. To the extent an organization subject to the FMLA is also subject to a state leave law, it must comply with both the FMLA and the state leave law.

The challenge in coordinating compliance with federal and state law is that the state leave laws may differ from FMLA law in employee eligibility criteria, as well as the length and type of protection.

Hawaii's FMLA And Other Leave Laws

In addition to the FMLA, under the Hawaii Family Leave Law, an employee may be eligible for up to four weeks of unpaid family leave each calendar year for the birth or adoption of a child, or to care for his / her child, spouse, reciprocal beneficiary, or parent with a serious health condition.

How To Determine Whether FMLA Guidelines Or State Guidelines Apply In Hawaii

Here are some guidelines if your organization is subject to both FMLA and Hawaii leave law:

• If an eligible employee wishes to take a leave that is covered under both the state leave law and the FMLA, then generally the leave can be run concurrently. In other words, it can be counted towards satisfying the requirements under both state and federal law simultaneously
• If an eligible employee wishes to take a leave covered under the FMLA, but not also covered under the state leave law, that leave can only count towards satisfaction of the FMLA requirements. The total amount of leave available under the state law would still be available to that employee
• If an eligible employee wishes to take a leave covered under the state leave law, but not also covered under the FMLA, that leave can only count towards satisfaction of the state leave law. The total amount of leave available under the FMLA (e.g., 12 weeks or 26 weeks) would still be available to the employee

Note: The above is excerpted from our FMLA Training & Certification Program.

Recommended Training For Hawaii's FMLA Requirements

From seminars to webinars to online courses, HRTrainingCenter offers a variety of FMLA compliance training courses. Simply select one of our 'Recommended Courses' or use the search box to find your desired FMLA training course.

• Certificate Program In FMLA, ADA, Compliance
• FMLA Training & Certification Program
• How To Identify And Investigate FMLA Abuse
• Integrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program

To find other FMLA training courses, use the search box below.