What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law that ensures all employees are able to take up to 12 weeks of leave for family and medical reasons over a 12-month period. In Hawaii, the FMLA applies to employers of 50 or more people, or to those who are employed by the state, local government, or federal government. The FMLA applies to both men and women, and may be used for the following reasons: when a new child is born or adopted, to care for a close family member with a serious medical condition, or if the employee is suffering from a serious medical condition. The FMLA provides job security for employees during their leave period, meaning that their job or an equivalent position with the same pay, benefits, and seniority must be available upon their return. Employees may use their accrued vacation or sick leave to help cover the lost wages during the period of leave. Employees may also receive medical or disability benefits, if they are eligible. Hawaii employers should ensure they are compliant with FMLA law, or they face the potential for legal and financial repercussions. Employers should familiarize themselves with the law and should provide notice and education to their employees to ensure their rights under the FMLA are protected.
Related FAQs
Can I take FMLA leave for a family member's illness?How much notice do I have to give my employer before taking FMLA leave?
How does the FMLA affect an employee's eligibility for benefits?
Does the FMLA cover self-care or preventive care leave?
Can I take FMLA leave to care for a seriously ill family member who lives overseas?
Does my employer have to reinstate me to my former position after FMLA leave?
Can I receive compensation for wages or benefits lost due to FMLA violations?
Do employers have the right to ask an employee on FMLA leave to provide periodic updates?
Do I have to use my FMLA leave in one continuous block?
Can an employee be required to pay for health benefits while on FMLA leave?
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Explanation of Eligible Uses for FMLA Leave - August 28, 2023