FMLA in Hawaii was on the books two years before the 1993 federal FMLA was enacted. For the most part, the earlier Hawaiian version has been overshadowed by the federal legislation, but some of the original Hawaiian differences include: up to four weeks of unpaid leave a year to employees who need to take care of a new baby or a sick family member. The law now covers only private sector employers in the State who have 100 or more workers for each working day of twenty or more weeks in the current or proceeding year. To be eligible for this leave, employees must have been working for six months. Additionally, FMLA in Hawaii states that employees are expected to give “reasonable notice” in cases where the leave is “foreseeable.”
FMLA in Hawaii, like many states that chose to supplement federal FMLA legislation run into confusion when trying to apply the laws. Legal counsel regarding the application of any law is always recommended, but in its absence, if a difficult situation ever arises for a covered employer, the best and safest course of action is to apply the rule(s) that provide greatest benefit to the employee. In 2007, the Society for Human Resource Management reported that, “Nearly two-thirds of HR professionals have experienced problems in determining when to grant “chronic leave” under the Family and Medical Leave Act (FMLA), leading to employee morale issues and loss of productivity. The survey also found that more than half (51 percent) of HR professionals have faced “significant challenges” in implementing the medical leave provisions of the FMLA. And intermittent leave remains an ongoing challenge.” FMLA in Hawaii does nothing to reduce the problem and only adds another ingredient to the confusion.
FMLA in Hawaii is just one of the states that adds to the cacophony and general state of confusion being reported. However, in light of recent six-figure judgments against covered employers who failed to meet federal compliance requirements, it’s become apparent that confusion or misunderstanding are not elements of a successful defense. The best defense for a covered employer is an efficient, cost-effective, and well-documented leave administration system. And Qcera’s LeaveSource™ product line has been providing compliance success to covered employers of all sizes, since the turn of the century. Their highly-secure, cloud-based solutions provide an efficient, cost-effective, and user-friendly method for dealing with the confusion of leave administration compliance. Click on the red button above to schedule a demonstration, or visit the website at www.leavesource.com The systems seamlessly handle individual company leave policies, federal FMLA, and compliance for FMLA in Hawaii.