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Terms Used In Hawaii Revised Statutes 398-5

  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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

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 manner that is reasonable and practicable. Requests for family leave shall include evidence that the employee has submitted the request and provided required data in accordance with section 398-9.5.