Hawaii

Hawaii provides various legal protections and programs to support pregnant workers and new parents in balancing work and family responsibilities. Here's an overview:

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under Hawaii law, employers are prohibited from discriminating based on pregnancy, childbirth, or related medical conditions. This applies to all employers, regardless of size. Employers must provide reasonable accommodations to pregnant employees unless it causes undue hardship. Learn More

Workplace Accommodations

The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations to qualified employees or applicants affected by pregnancy, childbirth, or related medical conditions, unless it causes undue hardship.
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Workplace Safety for Pregnant Workers

Employers must ensure a safe working environment for pregnant employees. Unsafe conditions can be reported to the Occupational Safety and Health Administration (OSHA).

Taking Time Off Work

Family and Medical Leave Act (FMLA)

Eligible employees in Hawaii may take up to 12 weeks of unpaid leave during any 12-month period for childbirth, bonding with a new child, or serious health conditions. Eligibility includes:
Working for an employer with 50 or more employees within a 75-mile radius.
Having worked for the employer for at least 12 months.
Logging at least 1,250 hours in the past year.

Hawaii Family Leave Law (HFLL)

Under HFLL, employees may be eligible for up to four weeks of unpaid, job-protected leave during the calendar year for:
Birth or adoption of a child.
Caring for a child, spouse, reciprocal beneficiary, or parent with a serious health condition.
Employers must permit an employee to use up to 10 days of accrued and available sick leave for family leave purposes. Learn More

Pregnancy Leave

Hawaii law requires employers to provide reasonable accommodations and/or leave for a reasonable period to employees affected by pregnancy, childbirth, or related medical conditions, as determined by a physician. Learn More

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the federal Fair Labor Standards Act (FLSA), employers are required to provide

Reasonable break times for nursing parents to pump breast milk for up to one year after birth.
A private, non-bathroom space for expressing milk.
Small businesses with fewer than 50 employees may claim undue hardship exemptions, but most employers must comply.

Parental Rights for Sick or Family Leave

If your child or family member has a serious health condition, you may qualify for unpaid leave under FMLA or HFLL to provide care.

Workplace Protections for New Parents

Equal Pay: Hawaii's wage laws ensure equal pay for equal work, regardless of gender or parental status.
Employment Termination:Employers cannot terminate or retaliate against employees for taking protected leave (e.g., FMLA or HFLL) or requesting pregnancy-related accommodations.
Job Protection: FMLA and HFLL guarantee that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in Hawaii

Childcare Assistance

Hawaii offers programs to help working parents with childcare costs.

Temporary Disability Insurance (TDI)

Under Hawaii's TDI law, employees are entitled to up to 58% of their pay for 26 weeks, starting on the eighth day of leave, for pregnancy-related disabilities.

Flexible Work Policies

Some Hawaii employers may offer flexible work arrangements, remote work, or paid parental leave as part of their benefits.

Breastfeeding-related Rights

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time and a private space, other than a bathroom, for an employee to express breast milk for their nursing child for one year after the child's birth. The PUMP for Nursing Mothers Act expands these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers, and managers.

These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Hawaii.