Victims of Domestic or Sexual Violence Leave - Haw. Rev. Stat. §§ 378-71 et seq. (2009)

Covered Employers: All employers

Employee Eligibility: A person who performs services for hire for not fewer than six consecutive months for the employer

Entitlement: An employer employing 50 or more employees shall allow an employee to take up to 30 days of unpaid leave from work per calendar year, or an employer employing not more than 49 employees shall allow an employee to take up to 5 days of unpaid leave from work per calendar year, if the employee or the employee's minor child is a victim of domestic or sexual violence; provided the leave is to either:

• Seek medical attention for the employee or employee's minor child to recover from physical or psychological injury or disability caused by domestic or sexual violence;

• Obtain services from a victim services organization;

• Obtain psychological or other counseling;

• Temporarily or permanently relocate; or

• Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic or sexual violence, or other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee's minor child or to enhance the safety of those who associate with or work with the employee.

"Minor child" means an individual who is a biological, adopted, or foster son or daughter, a stepchild, or a legal ward of the employee.

Employer Notice: Not specified

Employee Notice: The employee shall provide the employer with reasonable notice of the employee's intention to take the leave, unless providing that notice is not practicable due to imminent danger to the employee or the employee's minor child.

An employer may require an employee on leave to report once a week to the employer on the status of the employee and their intention to return to work.

Certification Supporting Need for Leave: Where an employee is a victim of domestic or sexual violence and seeks leave for medical attention to recover from physical or psychological injury or disability caused by domestic or sexual violence, the employer may request that the employee provide:

• A certificate from a health care provider estimating the number of leave days necessary and the estimated commencement and termination dates of leave required by the employee; and

• Prior to the employee's return, a medical certificate from the employee's attending health care provider attesting to the employee's condition and approving the employee's return to work.

Where an employee has taken not more than five calendar days of leave for non-medical reasons, the employee shall provide certification to the employer in the form of a signed statement within a reasonable period after the employer's request, that the employee or the employee's minor child is a victim of domestic or sexual violence and the leave is for one of the enumerated purposes. If the leave exceeds five days per calendar year, then the certification shall be provided by one of the following methods:

• A signed written statement from an employee, agent, or volunteer of a victim services organization, from the employee's attorney or advocate, from a minor child's attorney or advocate, or a medical or other professional from whom the employee or the employee's minor child has sought assistance related to the domestic or sexual violence; or

• A police or court record related to the domestic or sexual violence.

Paid? Unpaid

Benefits: Not Specified

Reinstatement: Upon return from leave under this section, the employee shall return to the employee's original job or to a position of comparable status and pay, without loss of accumulated service credits and privileges.

Absence Specifications