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HB822
HOUSE OF REPRESENTATIVES
H.B. NO.
822
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to employment
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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Chapter 378, Hawaii Revised Statutes,
is amended by adding a new part to be appropriately designated and to read as
follows:
"
Part
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reproductive loss LEAVE
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378-
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Definitions.
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As used in this part:
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"Assisted
reproduction" means a method of achieving a pregnancy through artificial
insemination or an embryo transfer and includes gamete and embryo
donation.
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"Assisted
reproduction" does not include any pregnancy achieved through sexual
intercourse.
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"Employee"
means any individual in the employment of an employer.
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"Employer"
does not include any person, other than the State or any of its political
subdivisions, having fewer than five employees.
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"Failed
adoption" means the dissolution or breach of an adoption agreement with
the birth mother or legal guardian, or an adoption that is not finalized
because the adoption is contested by another party.
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"Failed
surrogacy" means the dissolution or breach of a surrogacy agreement, or a
failed embryo transfer to the surrogate.
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"Miscarriage"
means a miscarriage by a person, by the person's current spouse or domestic
partner, or by another individual if the person would have been a parent of a
child born as a result of the pregnancy.
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"Reproductive
loss event" means the day or, for a multiple‑day event, the final
day of a failed adoption, a failed surrogacy, a miscarriage, a stillbirth, or
an unsuccessful assisted reproduction.
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"Stillbirth"
means a stillbirth resulting from a person's pregnancy, the pregnancy of the
person's current spouse or domestic partner, or another individual, if the
person would have been a parent of a child born as a result of the pregnancy
that ended in stillbirth.
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"Unsuccessful
assisted reproduction" means an unsuccessful round of intrauterine
insemination or an assisted reproductive technology procedure.
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378-
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Leave of absence for reproductive loss.
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(a)
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An
employer shall not refuse to grant a request by any employee for up to five
days of reproductive loss leave following a reproductive loss event; provided
that:
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(1)
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The reproductive loss leave shall be completed
within three months of the reproductive loss event; provided further that if, prior
to or immediately following a reproductive loss event, an employee is on or
chooses to go on leave from work pursuant to this chapter, chapter 398, or any
other leave entitlement under state or federal law, the employee shall complete
the reproductive loss leave within three months of the end date of the other
leave;
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(2)
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Each employer shall allow the days that an
employee takes for reproductive loss leave to be nonconsecutive;
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(3)
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If an employee experiences more than one
reproductive loss event within a twelve-month period, the employer shall not be
obligated to grant a total amount of reproductive loss leave time exceeding twenty
days within a twelve-month period; and
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(4)
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The reproductive loss leave shall be taken
pursuant to any existing applicable leave policy of the employer; provided
further that if there is no existing applicable leave policy, reproductive loss
leave may be unpaid, except that an employee may use vacation, personal leave,
accrued and available sick leave, or compensatory time off that is otherwise
available to the employee.
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(b)
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An employer shall not:
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(1)
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Interfere with, restrain, or deny the exercise
of, or the attempt to exercise, any right provided under this section;
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(2)
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Retaliate against an individual, including
refusing to hire, discharging, demoting, fining, suspending, expelling, or
discriminating against an individual, because of:
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(A)
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An individual's exercise of the right to
reproductive loss leave; and
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(B)
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An individual's giving information or
testimony as to their reproductive loss leave, or another person's reproductive
loss leave, in an inquiry or proceeding related to rights guaranteed under this
section; and
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(c)
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Each employer shall maintain the
confidentiality of any employee requesting leave under this section.
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Any information provided to the employer
pursuant to this section shall be maintained as confidential and shall not be
disclosed except to internal personnel or counsel, as necessary, or as required
by law."
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SECTION 2.
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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 3.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Employment;
Reproductive Loss Leave
Description:
Requires
certain employers in the State to offer reproductive loss leave for employees.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.