The Essential Guide to Family & Medical Leave

308 | the essential guide to family and medical leave
Benefits: Employers are not specifically required to continue benefits during
leave.
Reinstatement: The state has no key employee exception.
Domestic Violence Leave (Haw. Rev. Stat. §§ 378-71-74)
Covered Employers: Employers with at least 50 employees.
Eligible Employees: Any employee who has worked at least six consecutive
months and who is—or whose minor child is—a victim of domestic abuse,
sexual assault, or stalking.
Reasons for Leave: Leave is allowed to:
• seek medical attention
• obtain victim services
• get counseling
• temporarily or permanently relocate, or
• take legal action.
Amount of Leave: A “reasonable period,” up to 30 days in a calendar year if the
employer has at least 50 employees, or up to five days for smaller employers.
Procedural Requirements
• Notice: Employee must give reasonable notice of need for leave unless
prohibited by imminent danger. Employer may ask employee to report
once a week on status and intent to return to work.
• Certification: If leave is sought for medical attention, employer may
require certification from health care provider. If leave is for nonmedical
reasons and lasts no more than five days, employer may require employee
to provide a signed statement confirming that the reason for leave
qualified under the law. Employee who takes more than five days of leave
for nonmedical purposes may be required to provide a police or court
record or a signed statement from a victim services organization, an
attorney or advocate, or a medical or other professional from whom the
victim has sought assistance for issues relating to domestic violence.
• Paid Leave: Employee must exhaust all other available paid and unpaid
leave before these provisions apply.