HOUSE OF REPRESENTATIVES

H.B. NO.

213

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FAMILY LEAVE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Section 398-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

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

(1) Upon the birth of a child of the employee or the adoption of a child[, or to];

(2) To care for the employee's child, spouse [or], reciprocal beneficiary, sibling, or parent with a serious health condition[.]; or

(3) Upon the death of the employee's child, spouse, reciprocal beneficiary, sibling, or parent."

SECTION 2. Section 398-5, Hawaii Revised Statutes, is amended to read as follows:

"398-5 Notice. 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."

SECTION 3. Section 398-6, Hawaii Revised Statutes, is amended to read as follows:

"398-6 Certification. (a) An employer may require that a claim for family leave be supported by written certification.

(b) For the birth of a child, certification shall be issued by a health care provider or the family court. For the placement of a child for adoption with the employee, certification shall be issued by a recognized adoption agency, the attorney handling the adoption, or by the individual officially designated by the birth parent to select and approve the adoptive family.

(c) When leave is to care for a child, spouse, reciprocal beneficiary, sibling, or parent who has a serious health condition, certification shall be issued by the health care provider of the individual requiring care. Certification shall be considered sufficient if it provides information as required by the director.

(d) When leave is for the death of a child, spouse, reciprocal beneficiary, sibling, or parent, certification shall be a death certificate issued by the department of health or by an official or agency of the place where the death occurred."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 7, 2059.



 

Report Title:

Family Leave; Sibling; Death

 

Description:

Permits an employee to take family leave in order to care for the employee's sibling with a serious health condition or upon the death of an employee's child, spouse, reciprocal beneficiary, sibling, or parent. Specifies notice and certification requirements. Takes effect 1/7/2059. (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.