(a) An employee shall be entitled to a total of four weeks of family leave during any calendar year:

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Terms Used In Hawaii Revised Statutes 398-3

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Child: means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee. See Hawaii Revised Statutes 398-1
  • Employee: means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under this chapter. See Hawaii Revised Statutes 398-1
  • Employer: means any individual or organization, including the State, any of its political subdivisions, any instrumentality of the State or its political subdivisions, any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who employs one hundred or more employees for each working day during each of twenty or more calendar weeks in the current or preceding calendar year. See Hawaii Revised Statutes 398-1
  • Parent: means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, or a grandparent-in-law. See Hawaii Revised Statutes 398-1
  • Serious health condition: means a physical or mental condition that warrants the participation of the employee to provide care during the period of treatment or supervision by a health care provider, and:

    (1) Involves inpatient care in a hospital, hospice, or residential health care facility; or

    (2) Requires continuing treatment or continuing supervision by a health care provider. See Hawaii Revised Statutes 398-1

  • Sibling: means an individual who is a biological, adopted, or foster brother or sister; or a stepbrother or stepsister of an employee. See Hawaii Revised Statutes 398-1
(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) During each calendar year, the leave may be taken intermittently.
(c) Leave shall not be cumulative.
(d) If unpaid leave under this chapter conflicts with the unreduced compensation requirement for exempt employees under the federal Fair Labor Standards Act, an employer may require the employee to make up the leave within the same pay period.
(e) Nothing in this chapter shall entitle an employee to more than a total of four weeks of leave in any twelve-month period.