Title 21, Labor And Industrial Relations

[§398-2] Inapplicability. The rights provided under this chapter shall not apply to employees of an employer with fewer than one hundred employees. [L 1991, c 328, pt of §1]

[PART II.] ENFORCEMENT [§398-21] Filing of complaint. (a) Any individual claiming to be aggrieved by an alleged unlawful act may file with the department a verified complaint in writing. (b) The attorney general or the department, in like manner, may file a complaint on behalf of…

[§398-22] Predetermination settlement. At any time after the filing of a complaint, but prior to a determination by the department that this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement. [L 1995, c 154, pt of §3]

[§398-23] Investigation and conciliation. (a) The department may investigate and conciliate any complaint filed under this chapter. (b) Every employer shall furnish or provide to the department access to records, documents, and other material to determine compliance with this cha…

[§398-24] Appeal and hearing. (a) Upon appeal by the employer, the order issued by the department shall be subject to a de novo review by a hearings officer appointed by the director. (b) The hearings officer shall schedule a contested case hearing that shall be heard in accordan…

[§398-25] Civil action. (a) If an employer fails or neglects to comply with the: the department or the affected employee may apply to any court of competent jurisdiction to enforce the provisions of the final order or decision and for any other appropriate relief. In any proceedi…

[§398-26] Remedies. (a) In addition to all employment terms and benefits provided under section 398-7, remedies prescribed and ordered by the department or the court under this chapter may include any legal, equitable, and other relief the department or court deems appropriate. (…

[§398-27] Notice of right to sue and employee remedies. (a) The department may issue a notice of right to sue. Within ninety days after the receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The department may intervene in a civil ac…

[§398-28] Compliance review. The department may investigate whether the terms of an agreement, settlement, order, or decision are being complied with by the employer. If the employer is not in compliance, the department shall take appropriate action as provided under this chapter…

[§398-29] Penalty. Any employer who intentionally resists, prevents, impedes, or interferes with the department in the performance of duties pursuant to this chapter, or who in any manner intentionally violates this chapter, shall be guilty of a petty misdemeanor. [L 1995, c 154,…

§398-3 Family leave requirement. (a) An employee shall be entitled to a total of four weeks of family leave during any calendar year: (b) During each calendar year, the leave may be taken intermittently. (c) Leave shall not be cumulative. (d) If unpaid leave under this chapter co…

§398-4 Unpaid leave permitted; relationship to paid leave; sick leave. (a) Pursuant to section 398-3, an employee shall be entitled to four weeks of family leave. The family leave shall consist of unpaid leave, paid leave, or a combination of paid and unpaid leave. If an employer…

§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 expect…

§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 emp…

[§398-7] Employment and benefits protection. (a) Upon return from family leave, the employee shall be entitled to be restored by the employer to the position of employment held by the employee when the leave commenced, or restored to an equivalent position with equivalent employm…

[§398-8] Prohibited acts. (a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter. (b) It shall be unlawful for any employer to discharge or in any other manner discriminate a…

§398-9 Administration. (a) The director shall have jurisdiction over those prohibited acts made unlawful by this chapter. (b) The department shall assist employers in the placement of temporary help to perform the work of those employees on family leave. (c) The director also may…

[§398-9.5] Family leave data collection system; establishment. (a) There is established a family leave data collection system to: (b) The department shall work with the University of Hawaii center on aging to create a web-based data system with the following capabilities: (c) The…