RELATING TO FAMILY LEAVE.

HB1268

HOUSE OF REPRESENTATIVES

H.B. NO.

1268

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to family leave
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The legislature acknowledges that there are
many individuals who have significant personal, emotional, and economic
relationships with another individual yet are not married or in reciprocal
beneficiary relationships.
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The
legislature believes that family leave should be made available to couples who
have demonstrated their commitment to one another through the criteria set
forth in this Act, which shall apply without regard to gender.

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Under chapter 398, Hawaii Revised
Statutes, an employee is entitled to family leave to care for the employee's
child, spouse, reciprocal beneficiary, sibling, grandchild, or parent with a
serious health condition.
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The purpose of
this Act is to allow family leave to also apply to an employee's domestic
partner or the child of an employee's domestic partner, as defined in this Act,
which shall be known as the Partner Leave Equality Act.

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SECTION 2.
�
Section 398-1, Hawaii Revised Statutes, is
amended by adding two new definitions to be appropriately inserted and to read
as follows:

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"
"Domestic
partner" means an individual who:

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(1)
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Lives in a
spouse-like relationship with the employee;

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(2)
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Intends to
remain in a domestic partnership with the employee indefinitely;

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(3)
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Maintains a
common residence with the employee with an intent to reside together
indefinitely;

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(4)
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Agrees with the
employee to be jointly and severally responsible for each other's basic living
expenses, including food, shelter, and medical care;

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(5)
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Is not married,
in a reciprocal beneficiary relationship, or in a domestic partnership with
anyone other than the employee; provided that the employee is also not married,
in a reciprocal beneficiary relationship, or in a domestic partnership with
anyone other than the individual;

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(6)
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Is not related
by blood in such a way as would prevent the individual from marrying the
employee in the State;

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(7)
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Is at least
eighteen years of age and mentally competent to contract; provided that the
employee is also at least eighteen years of age and mentally competent to
contract; and

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(8)
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Has not
consented to the domestic partnership by force, duress, or fraud; provided that
the employee has also not consented to the domestic partnership by force,
duress, or fraud;

provided that at the time the need for family
leave arises, the employee signs a notarized declaration of domestic
partnership, attesting to the criteria in paragraphs (1) through (8), in a form
acceptable to the employer and under penalty of perjury.

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"Spouse-like
relationship" includes a conjugal relationship and the sharing of social
activities.
"

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SECTION
3
.
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Section 398-1,
Hawaii Revised Statutes, is amended by amending the definition of
"child" to read as follows:

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""Child" means an individual
who is a biological, adopted, or foster son or daughter; a stepchild;
a
biological, adopted, or foster son or daughter of a domestic partner;
or a
legal ward of an employee."

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SECTION
4
.
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Section 398-3,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as
follows:

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"(a)
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An employee shall be entitled to a total of
four weeks of family leave during any calendar year:

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(1)
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Upon the birth of
a child of the employee or the adoption of a child; or

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(2)
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To care for the
employee's child, spouse, reciprocal beneficiary,
domestic partner,

sibling, grandchild, or parent with a serious health condition."

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SECTION
5
.
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Section 398-5,
Hawaii Revised Statutes, is amended to read as follows:

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"
�398-5
�
Notice.
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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,
domestic partner,
sibling, or
parent is foreseeable, the employee shall provide the employer with prior
notice of the expected birth or adoption or serious health condition in a
manner that is reasonable and practicable.
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Requests for family
leave shall include evidence that the employee has submitted the request and
provided required data in accordance with section 398-9.5.
"

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SECTION 6.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 7.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Family
Leave; Employer; Domestic Partner; Employee; Child

Description:

Allows family leave to also apply to an employee's
domestic partner or the child of an employee's domestic partner.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.