RELATING TO PUBLIC EMPLOYMENT.

HB425

HOUSE OF REPRESENTATIVES

H.B. NO.

425

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to public employment
.

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

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SECTION 1.
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Chapter 78, Hawaii Revised Statutes, is
amended by adding a new part to be appropriately designated and to read as
follows:

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PART
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.
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PAID FAMILY LEAVE

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�78-A
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Definitions.
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As used in this part, unless the
context otherwise requires:

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

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"Health care provider"
means a physician as defined under section 386-1.

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"Parent" means a
biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal
guardian, a grandparent, or a grandparent-in-law.

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"Qualified employee" means
an employee who has completed at least 1,250 hours of service over at least
twelve months of service as an employee.

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"Reduced leave schedule"
means a leave schedule that reduces the usual number of hours per workweek or
hours per workday of a qualified employee.

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"Serious health condition"
means an illness, injury, impairment, or physical or mental condition that
involves:

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(1)
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Inpatient care at
a hospital, hospice, or residential medical care facility; or

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(2)
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Continuing
treatment by a health care provider.

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"Sibling"
means an individual who is a biological, adopted, or foster brother or sister;
or a stepbrother or stepsister of an employee.

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�78-B
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Paid family leave; general requirements.
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(a)
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A qualified employee shall be entitled to a
total of twelve weeks of paid leave during any twelve-month period for one or
more of the following:

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(1)
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The birth of a
child of the qualified employee and in order to care for the child;

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(2)
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The placement of a
child with the qualified employee for adoption or foster care; or

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(3)
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To care for the qualified
employee's spouse, reciprocal beneficiary, child, grandchild, parent, or
sibling if the spouse, reciprocal beneficiary, child, grandchild, parent, or
sibling has a serious health condition.

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(b)
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The entitlement to leave under subsection (a)(1) or (2) shall expire at
the end of the twelve-month period beginning on the date of birth or placement
of the child.

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(c)
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Leave under subsection (a)(1) and (2) shall not be taken by a qualified
employee intermittently or on a reduced leave schedule unless the qualified
employee and the employer agree otherwise.

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(d)
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Leave under subsection (a)(3) may be taken intermittently or on a
reduced leave schedule when medically necessary; provided that:

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(1)
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Any hours of leave taken shall be subtracted
from the total amount of leave remaining available to the qualified employee
under subsection (a), for purposes of the twelve-month period involved, on an
hour-for-hour basis;

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(2)
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If a qualified employee requests intermittent
leave or leave on a reduced leave schedule that is foreseeable based on planned
medical treatment, the employer may require the qualified employee to transfer
temporarily to an available alternative position offered by the employing
agency for which the qualified employee is qualified and that:

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(A)
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Has
equivalent pay and benefits; and

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(B)
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Better
accommodates recurring periods of leave than the regular employment position of
the qualified employee; and

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(3)
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The qualified employee complies with
subsection (j) and section 78-C(a)(5).

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(e)
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A qualified employee taking leave under this section may elect to use
one of the following types of paid leave:

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(1)
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Twelve administrative workweeks of paid family
leave under this paragraph in connection with the birth or placement involved;
or

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(2)
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During the twelve-month period referred to in subsection
(a), and in addition to the twelve administrative workweeks under paragraph
(1), any leave accrued or accumulated by the qualified employee;

provided that nothing in this subsection shall be
construed to require that a qualified employee first use all or any portion of
the leave described in paragraph (2) before being allowed to use the paid
parental leave described in paragraph (1); provided further that nothing in
this section shall require an employer to provide paid sick leave in any
situation in which the employer would not normally provide paid leave.

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(f)
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Paid family leave taken under subsection (e)(1):

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(1)
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Shall be payable
from any appropriation or fund available for salaries or expenses for positions
within the employing agency;

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(2)
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Shall not be
considered to be vacation leave or any other type of leave; and

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(3)
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If not used by the
qualified employee before the end of the twelve-month period described in
subsection (a) to which it relates, shall not accumulate for any subsequent
use.

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Nothing in this subsection shall be
construed to modify the requirement that the qualified employee complete at
least twelve months of service as an employee, as described in the definition
of "qualified employee" in section 78-A, before becoming eligible to
take leave pursuant to this part.

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(g)
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A qualified employee shall not take leave under subsection (e)(1) unless
the qualified employee agrees in writing, before the leave commences, to work
for the applicable employing agency for not less than a period of twelve weeks
beginning on the date the leave concludes; provided that:

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(1)
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The head of the
agency shall waive this requirement in any instance where the qualified employee
is unable to return to work because of the continuation, recurrence, or onset
of a serious health condition, including a mental health condition, related to
the applicable birth or placement of a child of the qualified employee or the
child; and

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(2)
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The head of the
employing agency may require that a qualified employee who claims to be unable
to return to work because of a health condition described under paragraph (1)
provide certification supporting that claim by the health care provider of the qualified
employee or the child, as the case may be.
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The qualified employee shall provide the certification to the head in a
timely manner.

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(h)
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If a qualified employee fails to return from paid leave provided under
subsection (e)(1) after the date the leave concludes, the employing agency may
recover from the qualified employee an amount equal to the total amount of
government contributions paid by the agency on behalf of the qualified employee
for maintaining the qualified employee's health coverage during the period of
the leave; provided that this subsection shall not apply to a qualified
employee who fails to return from leave due to:

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(1)
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The continuation,
recurrence, or onset of a serious health condition as described under, and
consistent with the requirements of, subsection (g); or

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(2)
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Any other
circumstance beyond the control of the qualified employee.

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(i)
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In any case in which the necessity for leave under subsection (a)(1) or
(2) is foreseeable based upon an expected birth or placement, the qualified employee
shall provide the employer with not less than thirty days' notice before the
date the leave is to begin of the qualified employee's intention to take leave,
except that if the date of the birth or placement requires leave to begin in
less than thirty days, the qualified employee shall provide as much notice as
is practicable.

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(j)
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In any case in which the necessity for leave under subsection (a)(3) is
foreseeable based on planned medical treatment, the qualified employee:

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(1)
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Shall make a
reasonable effort to schedule the treatment so as not to disrupt unduly the
operations of the employer, subject to the approval of the health care provider
of the child, spouse, parent, or sibling of the qualified employee, as
appropriate; and

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(2)
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Shall provide the
employer with not less than thirty days' notice before the date the leave is to
begin of the qualified employee's intention to take leave, except that if the
date of the treatment requires leave to begin in less than thirty days, the qualified
employee shall provide as much notice as is practicable.

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�78-C
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Paid family leave; certification
requirements.
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(a)
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An
employing agency may require that a request for leave under section 78-B(a)(3)
be supported by certification issued by the health care provider of the child,
spouse, parent, or sibling of the qualified employee.
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The qualified employee shall provide, in a
timely manner, a copy of the certification to the employing agency.
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A certification shall be sufficient if it
states:

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(1)
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The date on which
the serious health condition commenced;

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(2)
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The probable
duration of the condition;

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(3)
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The appropriate
medical facts within the knowledge of the health care provider regarding the
condition;

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(4)
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A statement that
the qualified employee is needed to care for the child, spouse, parent, or
sibling, and an estimate of the amount of time that the qualified employee is
needed to care for the child, spouse, parent, or sibling; and

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(5)
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In the case of
certification for intermittent leave, or leave on a reduced leave schedule, for
planned medical treatment, the dates on which the treatment is expected to be
given and the duration of the treatment.

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(b)
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In any case in which the employer has reason to doubt the validity of
the certification provided under subsection (a), the employer may require, at
the expense of the agency, that the qualified employee obtain the opinion of a
second health care provider designated or approved by the employing agency
concerning any information certified under subsection (a) for the leave.
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Any health care provider designated or
approved pursuant to this subsection shall not be employed on a regular basis
by the employing agency.

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(c)
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In any case in which the second opinion described in subsection (b)
differs from the original certification provided under subsection (a), the
employing agency may require, at the expense of the agency, that the qualified employee
obtain the opinion of a third health care provider designated or approved
jointly by the employing agency and the qualified employee concerning the
information certified under subsection (a).
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The opinion of the third health care provider concerning the information
certified under subsection (a) shall be considered to be final and shall be
binding on the employing agency and the qualified employee.

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(d)
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The employer may require, at the expense of the agency, that the qualified
employee obtain subsequent recertifications on a reasonable basis.

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�78-D
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Paid family leave; protection of employment
and benefits.
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(a)
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Any qualified employee who takes leave under section 78-B for the
intended purpose of the leave shall be entitled, upon return from the leave:

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(1)
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To be restored by
the employer to the position held by the qualified employee when the leave
commenced; or

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(2)
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To be restored to
an equivalent position with equivalent benefits, pay, status, and other terms
and conditions of employment.

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(b)
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The taking of leave under section 78-B shall not result in the loss of
any employment benefit accrued prior to the date on which the leave commenced.

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(c)
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Except as otherwise provided by law, nothing in subsections (a) or (b)
shall be construed to entitle any restored qualified employee to:

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(1)
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The accrual of any
employment benefits during any period of leave; or

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(2)
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Any right,
benefit, or position of employment other than any right, benefit, or position
to which the qualified employee would have been entitled had the qualified employee
not taken the leave.

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(d)
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Nothing in this section shall be construed to prohibit an employing
agency from requiring a qualified employee on leave under this section to
report periodically to the employer on the status and intention of the qualified
employee to return to work.

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�78-E
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Paid family leave; prohibition of coercion.
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(a)
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An employee shall not directly or indirectly
intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce,
any other employee for the purpose of interfering with the exercise of any
rights that the other employee may have under this part.

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(b)
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For purposes of this section:

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"Intimidate, threaten, or
coerce" includes promising to confer or conferring any benefit, such as
appointment, promotion, or compensation; or taking or threatening to take any
reprisal, such as deprivation of appointment, promotion, or compensation.

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�78-F
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Paid family leave; health insurance.
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A
qualified employee enrolled in a health benefits plan who is placed in a leave
status pursuant to this part shall continue to be enrolled in that plan while
in the leave status; provided that the qualified employee continues to pay any
required employee contributions.

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�78-G
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Construction.
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The benefits and protections established by
this part shall be in addition to any other benefits or protections offered by
other federal, state, or county laws, including the federal Family and Medical
Leave Act and chapter 398.
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Nothing in
this part shall be construed to modify, eliminate, or otherwise abrogate any
existing leave policies, employment benefits, or protections that employees may
have pursuant to any other laws, employment contracts or collective bargaining
agreements, to the extent that the laws, contracts, and agreements provide
greater protections than those afforded under this part.

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�78-H
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Rules.
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The director shall adopt rules
necessary for the administration of this part."

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SECTION 2.
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Chapter 78, Hawaii Revised Statutes, is amended by designating sections
78-1 to section 78-66 as part I, and inserting a title before section 78-1 to
read as follows:

"
PART I.
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GENERAL PROVISIONS
"

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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 4.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect on January 1,
2026.

INTRODUCED BY:

_____________________________

Report Title:

State and
County Employees; Paid Family Leave

Description:

Establishes
a paid family leave program for state and county employees.
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Authorizes a qualifying employee to take up
to 12 weeks of paid leave for the birth or placement of a child or to care for
a family member who has a serious health condition.
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Requires the employee to agree to
subsequently work for the employer for at least 12 weeks upon return to service
except under certain conditions.
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Effective 1/1/2026.

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