Hawai'i--Laws Relating to Pregnancy

Hawai'i--Laws Relating to Pregnancy

HAWAI’I

 

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Prohibitions against Pregnancy Discrimination

It is an unlawful employment practice to discriminate based on sex.Sex discrimination includes discrimination based on pregnancy, childbirth, and related conditions.[1]

For the text of the statute, click here.

Pregnancy Accommodation

Hawai’i does not provide additional protections to the federal law.

Pregnancy-related Disability Accommodation

All employers are required to make every reasonable accommodation to pregnant women with a disability related to pregnancy, childbirth, or related medical conditions.[2]

For the text of the statute, click here.

Breastfeeding Rights

Discrimination

It is an unlawful employment practice to discriminate against a woman who breastfeeds or expresses milk at the workplace. Breastfeeds means the feeding of a child directly from the breast.[3]

For the text of the statute, click here.

Accommodation

No employer shall prohibit an employee from expressing breastmilk during any break period.[4]

For the text of the statute, click here.

Family and Childcare Leave Laws

All Employers – Pregnancy-related Disability Leave

Disability due to and resulting from pregnancy, childbirth, or related medical conditions shall be justification for paid or unpaid leave.  A female employee shall be reinstated to her original job or to a comparable position, without loss of accumulated service credits and privileges. Any employer providing such leave shall do so without regard to the sex of the employee.[5]

For the text of the statute, click here.

Employers with at least one Employee – Pregnancy-related Disability Benefits

Any individual who suffers a disability resulting from pregnancy shall be entitled to temporary disability benefits, for no longer than 26 weeks. The computation and distribution of benefit payments shall correspond to the employee's wage loss due to the employee's disability.

For the text of the statute, click here.

Employers with 100 or more Employees - Family Leave

Family leave shall consist of unpaid, paid, or a combination, for four weeks. An employee may elect to substitute any accrued paid leaves. An employer who provides sick leave shall permit an employee to use it for this purpose, provided that an employee shall not use more than ten days per year for this purpose.[6]

For the text of the statutes, click here.

Unemployment Benefits

An individual shall not be disqualified from regular unemployment benefits for losing or quitting his or her employment for a compelling family reason.

For the text of the statutes, click here.

For the federal Pregnancy Discrimination Act, click here.

For the federal Family and Medical Leave Act, click here.

For further information on your pregnancy rights, contact Legal Momentum.

Copyright 2013 Legal Momentum



[1] Haw. Rev. Stat. § 378-2

[2] Haw. Code R. § 12-46-107

[3] Haw. Rev. Stat. § 378-2

[4] Haw. Rev. Stat. § 378-10

[5] Haw. Code R. § 12-46-108

[6] Haw. Rev. Stat. §§ 398-3, 4

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