Are You Eligible for FMLA In Hawaii

Parental Leave Requests & Benefits Are You Eligible for FMLA In Hawaii

Are You Eligible for FMLA In Hawaii

Caring for a family member, new or old, takes a lot of time and energy. Whether it's a new birth, adoption, or an unfortunate medical development, life is so much easier when you don't have the stress of work hanging over your head, but learning how much time you can take off and how much you'll get paid can get difficult. If you work in Hawaii and are expecting a child or in the process of adopting, DoNotPay can help you navigate FMLA in Hawaii’s policy.

Covered Leave Under FMLA

Under the Family and Medical Leave Act, employees can get up to 12 weeks of unpaid leave for any one of the following reasons:

  1. Birth of a child
  2. Adoption or foster care placement of a child
  3. Development of a serious medical condition
  4. Caring for a family member with a serious medical condition
  5. Qualifying exigency (a family member is serving or called to active military duty)
  6. Caring for a military family member injured in the line of duty

Some federal employees may qualify for 12 weeks of paid leave under the Federal Employee Paid Leave Act. There are some exceptions to eligibility for both employers and employees. The FMLA only applies to public agencies and private companies that employ at least 50 people for at least 20 workweeks in the current or prior calendar year. The federal FMLA requires an employee to meet four conditions for eligibility:

  1. Work for a qualified employer
  2. Work a minimum of 1,250 hours in the 12 months prior to the start of the leave
  3. Work at an employer location with more than 50 employees within a 75-mile radius
  4. Have worked for the employer for at least 12 months

Paid sick or vacation time used does not count toward the 1,250-hour total. The 12 months with the employer do not need to be consecutive, but only the last seven years will be counted unless employment was interrupted by military service or there is a written agreement to the contrary. Airline flight crew members have different hour requirements due to the nature of their work.

Hawaii's Family and Medical Leave Law

FMLA in Hawaii does not offer paid parental leave, but the state has additional policies to supplement the federal leave allowance. The requirements differ a bit from the federal definition.

Leave EligibilityTo be eligible for leave in Hawaii, an employee must:

  • Work for an employer with at least 100 employees in the state of Hawaii for 20 working weeks in the prior or current calendar year
  • Have worked six consecutive months with the employer

Employees in the continental United States do not count toward a company's employee total for this policy. The six consecutive months of employment covers "any contract of hire, written or oral, expressed or implied" for paid service. Employees can provide form HFLL-1 to their employers to certify that a family member has a qualifying medical condition. The form is optional.

BenefitsThe Family Leave Law gives employees up to four weeks of unpaid leave. If an employee has accrued more than 15 days of paid leave for vacation or sick time, they can substitute a portion of their paid time for the unpaid leave. If the employee qualifies for both the federal and state leave periods, the weeks off will be used simultaneously for a maximum length of 12 weeks.

Requesting Family or Medical Leave Through DoNotPay

If you want to request parental leave in Hawaii but don't know where to start, DoNotPay has you covered in 6 easy steps:

  1. Tell us which state you work in (if you work in CA, NY, NJ, MA, WA, or DC, your state has a paid family leave program).

     

  2. Choose whether you want us to apply to the program for you or contact your employer with your leave request. If you want to apply for the program, we will walk you through the questions on the form and mail the application form for you.

     

  3. If you want us to contact your employer, enter your leave details, including the starting date, number of weeks of leave, and how many weeks of paid leave you are requesting (for example, you may take a 12 week leave, but only request 8 weeks of paid leave to make the request reasonable).

     

  4. Indicate whether you are the birth parent or not (birth parents have a few additional legal protections).

     

  5. Enter the name of your company and the person to address this request to.

     

  6. Select whether you want us to email the request to your employer on your behalf.

     

Get More Help From DoNotPay

Navigating policy requirements can get confusing. DoNotPay can help you request parental leave not only in Hawaii but also in other states like:

DoNotPay is here to help simplify your life. We can save you time on:

and more. Try DoNotPay today to free up your day!

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