On May 19, 2026, Hawaii enacted Act 13 (SB 3082 CD1), expanding the Hawaii Family Leave Law (HFLL) to allow eligible employees to take leave for a qualifying military exigency.
The law adopts the federal Family and Medical Leave Act (FMLA) concept of “qualifying military exigency,” covering urgent needs related to active-duty service.
This update applies to Hawaii employers covered by HFLL and takes effect on July 1, 2026.
What Employers Need to Do
- Update leave policies, forms, and internal guidance to include qualifying military exigency as a covered reason for HFLL leave.
- Ensure Human Resources staff and managers responsible for leave administration understand the new leave category and the broader family relationships covered under Hawaii law.
- Review notice and documentation procedures to ensure employees requesting military exigency leave provide reasonable advance notice when foreseeable.
- Coordinate documentation practices, including obtaining supporting information such as military orders where appropriate.
Overview
Coverage: Applies to employers with 100 or more employees working in Hawaii for each working day during 20 or more calendar weeks in the current or preceding calendar year, including part-time, temporary, intermittent employees, and those on leave. Employees at mainland or international locations who do not work in Hawaii are not included in the count.
Expanded Leave Category: Eligible employees may now take up to four weeks of unpaid, job-protected leave per calendar year for: (1) Birth or adoption of a child, (2) Caring for a family member with a serious health condition, and (3) A qualifying military exigency.
Qualifying Military Exigency: Defined by reference to federal regulations (29 CFR 825.126) and includes urgent needs related to active-duty service, such as:
- Deployment Preparation
- Childcare Arrangements
- Military Events or Briefings
- Financial or Legal Arrangements
- Applies when the employee’s child, spouse, reciprocal beneficiary, sibling, grandchild, or parent is in the U.S. Armed Forces.
Key Difference from Federal Law: Hawaii’s law applies the military exigency concept to a broader group of family members than the federal FMLA, which is limited to a spouse, child, or parent.
Notice Requirements: Employees must provide reasonable and practicable notice when the need for leave is foreseeable.
Why This Matters
Hawaii expanded its family leave framework to include military exigency leave, aligning state law more closely with federal standards while applying it to a broader set of family relationships. Employers covered by HFLL must now recognize and administer this additional leave category beginning July 1, 2026.
Key Risks for Employers
- Intentional HFLL violations, including denying military exigency leave to eligible employees, are a petty misdemeanor punishable by up to a $1,000 fine, 30 days imprisonment, or both.
- Employees may sue for damages, and prevailing employees are entitled to recover costs and reasonable attorney’s fees, pushing litigation costs beyond the damages themselves.
- Employees may file complaints with the Hawaii Department of Labor and Industrial Relations (DLIR), creating investigation and hearing exposure independent of civil litigation.
Additional Information
The regulations were subject to a 30-day public review period, which has now closed, indicating that final rules may be issued soon. Employers should use this transition period to assess compliance gaps and prepare for active enforcement.
Employers should also expect increased audits, broader investigations, and heightened scrutiny across covered worker-protection laws.
Source References
- Hawaii SB 3082 – Relating To Military Families.
- Hawaii HB 2263 – Companion
- Governor of Hawaii – Press Release
Resources
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