Hawaii

When you are sick—be it with a bad cold or more serious illness or injury—you may need time off from work to rest and heal. Federal, state, and local laws, may give you time off when you need it and protect you from employment discrimination.

Taking Time Off from Work

There are several laws that provide time off that may help you care for your own health/medical needs, depending on whether your needs are short-term or long-term. 

Paid Medical Leave

Paid medical leave is usually a longer-term leave of up to a few months (though can often be taken in smaller increments) if you have a serious health condition.

If you are unable to work due to your non-occupational illness or disability, you may qualify for paid benefits through Hawaii’s Temporary Disability Insurance program (TDI).

• You can receive 58% of your average weekly wage, up to a cap, for a maximum of 26 weeks in a year.
• This program does not protect you from being fired while out on leave. However, you may have job protection under other laws, such as the Family and Medical Leave Act (FMLA) or the Hawaii Family Leave Law (HFLL) if you are covered under those laws.

• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
  • Only about half of all private sector workers in the U.S. are covered by the law. You must (1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and (2) have worked with your employer for at least 1 year; and (3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own serious medical needs, including those related to pregnancy and recovery from childbirth. You may also take the leave on an intermittent basis or may work on a reduced schedule.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
  • For more information about the Family and Medical Leave Act, see here.
• Under Hawaii law, employers employing 50 or more employees to allow an employee to take up to thirty days of unpaid leave from work per calendar year, and employers employing fewer than 50 employees to allow an employee to take up to five days of unpaid leave from work per calendar year to address circumstances resulting from domestic or sexual violence, including non-medical needs. The victim or the parent of a minor child victim may take the leave.

• If you were hurt while working or became sick as a result of your job, you may also be entitled to paid benefits and other protections through Workers’ Compensation.
• If you lose your job due to your own medical needs, and are able to continue working, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Reasonable Accommodations and Anti-Discrimination Laws

• Hawaii regulations require employers of all sizes to provide reasonable accommodations for employees with disabilities, absent undue hardship. Should your disability require some changes to your position, your boss must provide you with a reasonable accommodation so that you can perform your job, unless it would be very difficult or expensive for them to do so. A reasonable accommodation can include anything from changes to your workspace to modifying your work schedule to restructuring your job.
• The Americans with Disabilities Act (ADA) requires employers in the U.S. with 15 or more employees to provide reasonable accommodations to workers with disabilities and makes it illegal for employers to discriminate against workers with disabilities. Disability is defined as a physical or mental impairment that substantially limits one or more major life activities, which can include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. This means:
  • Your boss cannot fire you, refuse to give you a promotion, or harass you because you have a disability.
  • If you have a disability, your boss cannot refuse to give you small changes at work that you need to stay healthy, like breaks to take medication, temporary relief from heavy lifting, or a stool to sit on during your shift. These changes are called “reasonable accommodations” and are available as long as you can still complete the basic duties of your job with those changes. Your boss does not have to give you an accommodation that would be very difficult or expensive, like building a whole new office.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When a child or family member gets sick or injured—be it with a bad cold or a more serious illness or injury—you may need to take some time off from work to care for them. Federal, state, and local laws may give you time off when you need it and protect you from employment discrimination.

Taking Time Off from Work

Unpaid Family and Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

• Under Hawaii law, employers employing 50 or more employees to allow an employee to take up to thirty days of unpaid leave from work per calendar year, and employers employing fewer than 50 employees to allow an employee to take up to five days of unpaid leave from work per calendar year to address circumstances resulting from domestic or sexual violence, including non-medical needs. The victim or the parent of a minor child victim may take the leave.
• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). See the “Time Off for Childbirth and Bonding” section above for more information on this law.
  • Only about half of all private sector workers in the U.S. are covered by the law. To qualify, you must 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and 2) have worked with your employer for at least 1 year; and 3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for a seriously ill family member or your own serious illness or injury. Under the FMLA, covered family members include a worker’s son or daughter under the age of 18 (or an adult child unable to care for him or herself due to a physical or mental disability), spouse, and parent.
  • The FMLA defines “son or daughter” to include a biological, legally-adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. For more information about protections the FMLA provides for LGBT families, see here.
  • You may also take the leave on an intermittent basis or may work on a reduced schedule to care for a seriously ill family member.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
  • For more information about the Family and Medical Leave Act, see here.
• Hawaii has a law that is similar to the FMLA, but covers more workers—the Hawaii Family Leave Law (HFLL). If you have worked for your employer for at least six months in a row, and your employer has 100 or more employees, you are entitled to up to 4 weeks of job-protected, unpaid leave under this law. Unlike the FMLA, it does not matter how many hours you have worked for your employer.
  • If you are covered, you can use the 4 weeks to care for a new child after birth or adoption, or to care for a seriously ill family member, including a child, spouse, reciprocal beneficiary, sibling, grandchild, parent, or grandparent. A “reciprocal beneficiary” includes people such as a close friend or same-sex partner. There is no limitation on age of child under the Hawaii law.
  • Note that unlike the FMLA, you cannot use HFLL leave to recover from your own serious illness.
  • For more information, see here.

Special Protections for Veterans’ and Military Families

• If you are covered by the Family and Medical Leave Act (FMLA), and a close family member is, or was, in the Armed Services, you may be entitled to additional protections under the FMLA.
• The FMLA provides special protections for service-connected injuries or illnesses. If you are the spouse, parent, son, daughter, or next-of-kin of a veteran or a member of the Armed Services, including the National Guard and Reserves, you may be able to take military caregiver leave. You can take up to a total of 26 weeks of unpaid leave a year to take care of your military relative if he or she has a serious injury or illness stemming from his or her military service.
• In addition to the ordinary protections under the Family and Medical Leave Act, if you have a parent, child, or spouse on or called to active duty service in a foreign country, you may be eligible for what is called “qualifying exigency” leave under the Family and Medical Leave Act to address certain needs arising out of that active duty service. This leave allows you to take up to a total of 12 weeks of unpaid leave a year.
  • This leave is available to address many different types of needs, including:
    • tending to the needs of the children of a service member, such as arranging childcare, attending meetings, or enrolling the child in a new school
    • making legal or financial arrangements for a military member
    • spending time with a servicemember on a short-term rest and recuperation leave
    • arranging care for the parent of a servicemember when the parent is unable to care for himself or herself.

Other Laws That May Provide Paid Benefits

• In Hawaii, you can’t be disqualified from Unemployment Insurance if you quit for a compelling family reason, such as an illness or disability of someone in your immediate family. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.
• • •  

Anti-Discrimination Laws

• The Americans with Disabilities Act bans unfair treatment of workers based on their relationship with a person with a disability. For example, your boss can’t cut your hours because they think you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill.  However, this law does not give relatives of a person with a disability the right to accommodations, such as a schedule change, to help them provide care.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

Staying healthy at work while you are pregnant is sometimes challenging: you may be dealing with morning sickness, back pain, or doctor’s appointments every few weeks. For women who have suffered a miscarriage, you may need to take time off for recovery. U.S., Hawaii, and local laws can help you stay healthy at work, give you time off when you need it, and protect you from pregnancy discrimination.

Pregnancy Discrimination 

• The Pregnancy Discrimination Act makes it illegal for any employer in the U.S. with 15 or more workers to treat employees unfairly because they are pregnant, trying to get pregnant, or have experienced a pregnancy loss. That means:
  • Your boss can’t fire you or cut your hours when they find out that you’re pregnant or trying to get pregnant. You also have the right to be free from harassment at work because you are pregnant.
  • If your employer asks you about your pregnancy or plans to have children in a job interview, that may be evidence of pregnancy discrimination.
  • Your employer can’t treat you differently from other workers just because you are pregnant or have experienced pregnancy loss
• The Hawaii Employment Practices Act also bans pregnancy discrimination and covers all workplaces regardless of size.

Workplace Accommodations

If you need changes at work to stay healthy on the job, the laws below can help. In addition, click the green button to learn more and request an accommodation if you need one.

• If you are working and pregnant, recovering from childbirth, pumping milk, or have a related medical condition, the Pregnant Workers Fairness Act can help you protect your health and the health of your pregnancy, without losing your job.
  • Under the Pregnant Workers Fairness Act, a nationwide law, most workers have a right to “reasonable accommodations,” or temporary changes at work. You do not need to have a disability or pregnancy complication to be eligible for an accommodation. Examples of “Reasonable accommodations” can include:
    • Flexible scheduling for prenatal or postnatal appointments
    • Additional, longer, or more flexible breaks to drink water, eat, rest, or use the bathroom
    • Light duty, or help with manual labor and lifting
    • Temporary transfer to a less physically demanding or safer position
    • Limiting exposure to hazardous chemicals
    • Access to a water bottle or food
    • Leave or time off to recover from childbirth, even if you don’t qualify for the FMLA
    • Leave or time off for bedrest, recovery from miscarriage, postpartum depression, mastitis, and other pregnancy-related health issues
    • Providing equipment such as a stool to sit on
    • Changing a uniform or dress code, like allowing wearing maternity pants
    • Changing a work schedule, like allowing shorter work hours or a later start time to accommodate morning sickness
    • Breaks, private space (not in a bathroom), and other accommodations for lactation needs, like adding a lock to a meeting room for private breast milk expression
    • Remote work or telework

• Under Hawaii regulations, if you need a “reasonable accommodation” because you are affected by disability because of pregnancy or childbirth, your employer has to give it to you unless it would be really difficult or expensive. According to the Deputy Executive Director of the Hawaii Civil Rights Commission, even if you have a healthy pregnancy, you have the right to a preventative accommodation—like help with heavy lifting—to keep you healthy on the job.
• If you are covered by the Family and Medical Leave Act, you have the right to take time off during pregnancy or after experiencing a miscarriage without losing your job. See the “Time Off for Childbirth and Bonding” section under the next tab for more information and see this guide to your workplace rights around miscarriage.
• Under Hawaii regulations, you have a right to take off a reasonable period of time (as defined by your doctor) for disability due to pregnancy and childbirth.
• Hawaii’s pregnancy accommodations regulations (see above) may also give you the right to unpaid, job-protected time off work as a “reasonable accommodation.”

Taking Time Off from Work

Unpaid Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). See the “Time Off for Childbirth and Bonding” section above for more information on this law.
  • Only about half of all private sector workers in the U.S. are covered by the law. To qualify, you must 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; 2) have worked with your employer for at least 1 year; and 3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for a seriously ill family member or your own serious illness or injury. Under the FMLA, covered family members include a worker’s son or daughter under the age of 18 (or an adult child unable to care for him or herself due to a physical or mental disability), spouse, and parent.
  • The FMLA defines “son or daughter” to include a biological, legally-adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. For more information about protections the FMLA provides for LGBT families, see here.
  • You may also take the leave on an intermittent basis or may work on a reduced schedule to care for a seriously ill family member.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
  • For more information about the Family and Medical Leave Act, see here.
• Hawaii has a law that is similar to the FMLA, but covers more workers—the Hawaii Family Leave Law (HFLL). If you have worked for your employer for at least six months in a row, and your employer has 100 or more employees, you are entitled to up to 4 weeks of job-protected, unpaid leave under this law. Unlike the FMLA, it does not matter how many hours you have worked for your employer.
  • If you are covered, you can use the 4 weeks to care for a new child after birth or adoption, or to care for a seriously ill family member, including a child, spouse, reciprocal beneficiary, sibling, grandchild, parent, or grandparent. A “reciprocal beneficiary” includes people such as a close friend or same-sex partner. There is no limitation on age of child under the Hawaii law.
  • Note that unlike the FMLA, you cannot use HFLL leave to recover from your own serious illness.
  • For more information, see here.
• The Pregnant Workers Fairness Act may provide you with unpaid time off from work as a reasonable accommodation for a limitation related to your pregnancy or a related medical condition. For example, if you need time off for morning sickness, prenatal appointments, or bed rest, then the Pregnant Workers Fairness Act can help. Note that under the federal law, your employer may not push you onto unpaid leave if another reasonable accommodation (like a transfer) would allow you to keep working. See below for information about how the Pregnant Workers Fairness Act applies to childbirth. 

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

The U.S. is one of the only countries in the world with no national law guaranteeing paid family and medical leave. However, you may have the right to paid leave and/or unpaid leave during pregnancy, childbirth, and to bond with a new child under Hawaii law. You may have additional rights under state and/or local laws. See the “Caring for Your Own Medical Needs” or “Caring for a Loved One” tabs for more information.

Paid Medical Leave

• Hawaii regulations give you the right to take off a reasonable period of time (as defined by your doctor) for disability due to pregnancy and childbirth.
• Birth mothers who work in Hawaii may be entitled to paid benefits while they are unable to work because of pregnancy and childbirth under Hawaii’s Temporary Disability Insurance(TDI) program.
  • You can receive 58% of your average weekly wage, up to a cap.
  • This program does not protect you from being fired while out on leave. That means that if you are not eligible for the Family and Medical Leave Act (FMLA) or Hawaii Family Leave Law (HFLL) (both discussed in the “Unpaid, Job Protected Leave” section below), you can potentially lose your job while taking time off and receiving TDI payments.
  • TDI only covers your period of disability, not bonding, so it’s important to start collecting it right after you give birth or you could lose out.
• If your boss treats workers who take time off for childbirth differently from workers who take time off for other medical treatments (for example, they give most workers 2 weeks off from surgery but only 1 week for childbirth), this could be illegal under the national Pregnancy Discrimination Act and/or Hawaii Employment Practices Act. Call A Better Balance if you think you are being treated unfairly.

Unpaid Family and Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

• Under Hawaii law, employers employing 50 or more employees to allow an employee to take up to thirty days of unpaid leave from work per calendar year, and employers employing fewer than 50 employees to allow an employee to take up to five days of unpaid leave from work per calendar year to address circumstances resulting from domestic or sexual violence, including non-medical needs. The victim or the parent of a minor child victim may take the leave.
• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). See the “Time Off for Childbirth and Bonding” section above for more information on this law.
  • Only about half of all private sector workers in the U.S. are covered by the law. To qualify, you must 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; 2) have worked with your employer for at least 1 year; and 3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for a seriously ill family member or your own serious illness or injury. Under the FMLA, covered family members include a worker’s son or daughter under the age of 18 (or an adult child unable to care for him or herself due to a physical or mental disability), spouse, and parent.
  • The FMLA defines “son or daughter” to include a biological, legally-adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. For more information about protections the FMLA provides for LGBT families, see here.
  • You may also take the leave on an intermittent basis or may work on a reduced schedule to care for a seriously ill family member.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
  • For more information about the Family and Medical Leave Act, see here.
• Hawaii has a law that is similar to the FMLA, but covers more workers—the Hawaii Family Leave Law (HFLL). If you have worked for your employer for at least six months in a row, and your employer has 100 or more employees, you are entitled to up to 4 weeks of job-protected, unpaid leave under this law. Unlike the FMLA, it does not matter how many hours you have worked for your employer.
  • If you are covered, you can use the 4 weeks to care for a new child after birth or adoption, or to care for a seriously ill family member, including a child, spouse, reciprocal beneficiary, sibling, grandchild, parent, or grandparent. A “reciprocal beneficiary” includes people such as a close friend or same-sex partner. There is no limitation on age of child under the Hawaii law.
  • Note that unlike the FMLA, you cannot use HFLL leave to recover from your own serious illness.
  • For more information, see here.
  • Even if you are not eligible for FMLA leave or HFLL, the Pregnant Workers Fairness Act can provide time off to recover from childbirth as a reasonable accommodation so long as it would not be extremely difficult or expensive for your employer to provide you with the time off.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When you return to work as a new parent, you may still need a few extra breaks to pump breastmilk or time off to care for your baby when they’re sick. There are a few laws that can help you get back to work safely and still care for your family.

Nursing Rights

• Under Hawaii law, you have the right to express or pump milk at work. If you work in Hawaii, your employer must provide you with reasonable unpaid break time to express breast milk for up to one year after your child’s birth, and provide a private location, other than a bathroom, for you to pump. The law contains an exception if your employer has fewer than 20 employees and it would be very difficult for your employer to accommodate you. Hawaii’s pregnancy accommodations regulations may also give you the right to other lactation accommodations unless they would be really difficult or expensive for your employer to provide, and under the Hawaii Employment Practices Act, it is illegal for an employer to discriminate against you because you breastfeed or express breast milk in the workplace. For more information about your nursing rights, click here.
• Rights for breastfeeding workers are strong in Hawaii, but national laws may also protect you (for example, if you work outside Hawaii):
  • The nationwide PUMP for Nursing Mothers Act applies to nearly all workers and gives you the legal right to private, non-bathroom space and reasonable break time for pumping at work. Learn more about your rights under the PUMP Act here or click the button above for a comprehensive guide on how to talk to your boss about your need to pump at work.
  • The Pregnant Workers Fairness Act can also help you if you need reasonable accommodations for lactation-related needs, such as break time and private space to express breastmilk, a change in uniform if it’s affecting your ability to pump, or avoiding toxins that may be harmful for lactating parents. 
• It is illegal under the PUMP Act and Pregnancy Discrimination Act for your boss to retaliate against you because you are lactating.
• Under Hawaii law, you have the right to breastfeed your child in any public location.

Caregiver Discrimination

• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). You may have similar rights under the Hawaii Family Leave Law (HFLL). See the “Time Off for Childbirth and Bonding” section above for more information on these laws.
• Nationwide federal anti discrimination law, often referred to as Title VII of the Civil Rights Act, prohibits discrimination against caregivers if that discrimination is based on sex (including pregnancy), race, color, religion, national origin, disability, or genetic information. That means, for instance, if your employer refuses to promote you or cuts your hours because you are a mother and they have a stereotype that mothers are unable to work, that could be illegal discrimination under nationwide law.
• The Americans with Disabilities Act bans unfair treatment of workers based on their relationship with a person with disabilities. For example, your boss can’t cut your hours because they think you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill. However, this law does not give relatives of a person with a disability the right to accommodations, such as a schedule change, to help them provide care.
• It is also illegal under the Hawaii Employment Practices Act for your employer to discriminate against you because of your association with a person with a disability.
• In Hawaii, you can’t be disqualified from Unemployment Insurance if you quit for a compelling family reason, such as an illness or disability of someone in your immediate family. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Taking Time Off from Work

Unpaid Family and Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

• Under Hawaii law, employers employing 50 or more employees to allow an employee to take up to thirty days of unpaid leave from work per calendar year, and employers employing fewer than 50 employees to allow an employee to take up to five days of unpaid leave from work per calendar year to address circumstances resulting from domestic or sexual violence, including non-medical needs. The victim or the parent of a minor child victim may take the leave.
• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). See the “Time Off for Childbirth and Bonding” section above for more information on this law.
  • Only about half of all private sector workers in the U.S. are covered by the law. To qualify, you must 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and 2) have worked with your employer for at least 1 year; and 3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for a seriously ill family member or your own serious illness or injury. Under the FMLA, covered family members include a worker’s son or daughter under the age of 18 (or an adult child unable to care for him or herself due to a physical or mental disability), spouse, and parent.
  • The FMLA defines “son or daughter” to include a biological, legally-adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. For more information about protections the FMLA provides for LGBT families, see here.
  • You may also take the leave on an intermittent basis or may work on a reduced schedule to care for a seriously ill family member.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
  • For more information about the Family and Medical Leave Act, see here.
• Hawaii has a law that is similar to the FMLA, but covers more workers—the Hawaii Family Leave Law (HFLL). If you have worked for your employer for at least six months in a row, and your employer has 100 or more employees, you are entitled to up to 4 weeks of job-protected, unpaid leave under this law. Unlike the FMLA, it does not matter how many hours you have worked for your employer.
  • If you are covered, you can use the 4 weeks to care for a new child after birth or adoption, or to care for a seriously ill family member, including a child, spouse, reciprocal beneficiary, sibling, grandchild, parent, or grandparent. A “reciprocal beneficiary” includes people such as a close friend or same-sex partner. There is no limitation on age of child under the Hawaii law.
  • Note that unlike the FMLA, you cannot use HFLL leave to recover from your own serious illness.
  • For more information, see here.

Other Laws that May Provide Paid Benefits

• In Hawaii, you can’t be disqualified from Unemployment Insurance if you quit for a compelling family reason, such as an illness or disability of someone in your immediate family. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.