Hawaii Revised Statutes 398. Family Leave

PART I. GENERAL PROVISIONS

• 398-1 Definitions.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. §398-1 Definitions. As used in this chapter, unless the context...
• 398-1.5 Posting of Notices.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. [§398-1.5] Posting of notices. Every employer shall post and keep...
• 398-2 Inapplicability.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. [§398-2] Inapplicability. The rights provided under this chapter shall not...
• 398-3 Family Leave Requirement.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. §398-3 Family leave requirement. (a) An employee shall be entitled...
• 398-4 Unpaid Leave Permitted; Relationship to Paid Leave; Sick Leave.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. §398-4 Unpaid leave permitted; relationship to paid leave; sick leave....
• 398-5 Notice.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. §398-5 Notice. In any case in which the necessity for...
• 398-6 Certification.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. §398-6 Certification. (a) An employer may require that a claim...
• 398-7 Employment and Benefits Protection.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. [§398-7] Employment and benefits protection. (a) Upon return from family...
• 398-8 Prohibited Acts.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. [§398-8] Prohibited acts. (a) It shall be unlawful for any...
• 398-9 Administration.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. §398-9 Administration. (a) The director shall have jurisdiction over those...
• 398-9.5 Family Leave Data Collection System; Establishment.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. [§398-9.5] Family leave data collection system; establishment. (a) There is...
• 398-10 Applicability.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. [§398-10] Applicability. (a) Section 398-3 shall set a minimum standard...
• 398-11 Rules.
  Sections 398-1 to 398-11 designated as Part I by L 1995, c 154, §2. [§398-11] Rules. Subject to chapter 91, the director may adopt...

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...
• 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...
• 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...
• 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...
• 398-25 Civil Action.
  (a) If an employer fails or neglects to comply with the: (1) Final order of the department from which no appeal has been taken...
• 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...
• 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,...
• 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...
• 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...

Last modified: October 27, 2016