Expecting Better: A State-by-State Analysis of Laws That Help Expecting and New Parents

From National Partnership for Women & Families

HAWAII B+

PRIVATE SECTOR WORKERS

Paid Medical Leave for Pregnancy Disability

Under Hawaii’s Temporary Disability Insurance (TDI) law, eligible private sector workers disabled by pregnancy or the termination of a pregnancy can receive up to 26 weeks of partial wage replacement each year. Under Hawaii’s law, employers of all sizes are required to provide TDI for their employees.202 Employers may ask their workers to contribute up to half of the premium cost, as long as that amount does not exceed half of one percent of the employee’s weekly wages.203 The law does not provide job protection for workers while they are on leave.

Job-Protected Family Leave

Private sector workers in firms with 100 or more employees have greater family leave and caregiving rights than under the federal FMLA. The Hawaii family leave law provides employees with six months’ tenure four weeks of family leave in a one-year period, regardless of the number of hours worked,204 and defines family more broadly than the federal FMLA to include caregiving for a designated “reciprocal beneficiary,” which may include a same-sex partner.205

Job-Protected Medical Leave for Pregnancy Disability

Women in the private sector have greater access to pregnancy disability leave under state law than under federal law. Pregnant workers must be granted leave for a “reasonable period of time.”206 The law applies to employers of all sizes and protects employees regardless of tenure and number of hours worked.

Flexible Use of Sick Time

Under the state family leave law, private sector workers in firms with 100 or more employees who earn sick time can use up to 10 days for the care of a new child or to assist a seriously ill family member.207

Nursing Mothers’ Workplace Rights

All nursing mothers must be provided reasonable break time and a place other than a restroom to express breast milk at work for up to one year after giving birth. Employers with fewer than 20 employees are not required to provide time or a place to pump if doing so would impose an undue hardship on the employer.208 NATIONAL PARTNERSHIP FOR WOMEN & FAMILIES | REPORT | EXPECTING BETTER | FOURTH EDITION 36

Pregnancy Accommodations

Private sector employers of all sizes must make reasonable accommodations for pregnant employees with a disability due to pregnancy, childbirth or related medical conditions.209

STATE WORKERS

Paid Medical Leave for Pregnancy Disability

Like private sector workers, state workers disabled by pregnancy or childbirth are eligible for partial wage replacement under Hawaii’s TDI law.210 As in the private sector, the law does not provide job protection for workers while they are on leave.

Job-Protected Family Leave

Like private sector workers, workers for state employers with 100 or more employees have greater access to parental and caregiving leave under Hawaii law than under the federal FMLA. Hawaii’s family leave law provides workers with six months’ tenure four weeks of family leave in a one-year period, regardless of the number of hours worked, and defines family more broadly than the federal FMLA.211

Job-Protected Medical Leave for Pregnancy Disability

Like private sector workers, state workers employed by Hawaii have greater access to pregnancy disability leave under state law than under federal law. Hawaii’s leave law provides pregnant workers with leave for “a reasonable period of time” and protects workers regardless of tenure and number of hours worked.212

Flexible Use of Sick Time

Like private sector workers, workers for state employers with 100 or more employees who earn sick time can use up to 10 days for the care of a new child or to assist a seriously ill family member, pursuant to Hawaii’s family leave law.213

Nursing Mothers’ Workplace Rights

Like private sector workers, women employed by the state of Hawaii who are nursing must be provided reasonable break time and a private place other than a restroom to express breast milk at work for up to one year after giving birth. Employers with fewer than 20 employees are not required to provide time or a place to pump if doing so would impose an undue hardship on the employer.214

Pregnancy Accommodations

As in the private sector, the state must make reasonable accommodations for pregnant employees with a disability due to pregnancy, childbirth or related medical conditions.215