Highlights
Impacted Employers: Employers with 100 or more employees working in Hawaii.
Effective Date: July 1, 2026
Summary: Hawaii has enacted legislation amending the Hawaii Family Leave Law (HFLL) to allow leave for a “qualifying military exigency.”
Next Steps: Covered employers should update their state family leave policy to include qualifying military exigency as a permitted reason for family leave and follow the additional next steps below.
The Details
Hawaii has enacted legislation amending the Hawaii Family Leave Law (HFLL) to allow eligible employees to take up to four weeks of unpaid leave per calendar year for a “qualifying military exigency.”
Background
The HFLL applies to employers with 100 or more employees (during each of 20 or more calendar weeks in the current or preceding calendar year).
Prior to the amendment, the HFLL entitled eligible employees to take up to four weeks of unpaid leave in a calendar year for the birth or adoption of a child or to care for their child, spouse, reciprocal beneficiary, sibling, grandchild, or parent with a serious health condition.
Amendment
Effective July 1, 2026, eligible employees may also use leave under the HFLL for a “qualifying military exigency.”
The amendment defines a “qualifying military exigency” as a qualifying exigency related to active-duty service by an employee's child, spouse, reciprocal beneficiary, sibling, grandchild, or parent in the United States armed forces.
If the need for leave is foreseeable, the employee must provide the employer with prior notice of the expected qualifying military exigency in a manner that is reasonable and practicable.
An employer may require that a claim for leave under the HFLL be supported by written certification. If certification is required, the documentation for a qualifying military exigency must include a copy of official military orders.
Next Steps
By July 1, 2026, covered employers should:
· Update the state family leave policy to include qualifying military exigency as a permitted reason for family leave.
· Train supervisors and leave administrators that eligible employees may take up to four weeks of family leave per calendar year for a qualifying military exigency or other covered reasons.
· Amend leave request forms to reflect the change.
· Decide whether to require certification for family leave claims (the statute permits employers to do so), consulting legal counsel if necessary.
· If certification is required, collect documentation for family leave, including official military orders for qualifying military exigency leave.