The Family Medical Leave Act (FMLA) of 1993 is a federal law that allows employees who work for a company of 50 or more employees to take unpaid leave for up to 12 weeks during any 12 month period.

To be eligible for unpaid leave under the Family Medical Leave Act consider that:

• You must work for an employer who employs 50 or more employees for each working day during each of the 20 or more calendar workweeks. Employees must also work within 75 miles of the worksite.
• If you are the employee wishing to take leave, you must have worked with the business for twelvemonths and worked at least 1,250 hours during that twelve-month period.

In Hawai`i, there are different eligibility requirements according to the Hawii Family Leave Law (HFLL). If you live in Hawai`i and want to know if you are eligible, consider that:

• You must work for an employer who employs 100 or more employees.
• You must have worked for that employer for at least six consecutive months to qualify for the HFLL leave.
• Employees may take a leave of absence from work if they or the employee's minor child are a victim of domestic or sexual violence. Leave is intended for the employee to seek medical attention, obtain services from a victim service organization, obtain counseling, relocate, or to take legal action. Employers with less than fifty employees must allow an employee to take up to five days of unpaid leave from work, per calendar year under this provision.

Hawai'i.gov
This Hawai'i government website has information on the responsibilities of the Wage Standards Division in Hawai`i and has a link to the Hawai'i Family Leave Law, in PDF format.

Reasons for Leave

Reasons for leave under the FMLA may include:

• The birth and care of a newborn child of the employee.
• The placement of an adopted son or daughter with the employee.
• Caring for an immediate family member with a serious health condition.
• Caring for oneself because of a serious health condition.

Employee's Rights and Responsibilities

Employee's rights and responsibilities under the FMLA law:

• Upon return from taking leave, an employee must be returned to the same position or to a position that is equal to his or her previous position. This includes receiving the same pay, benefits, and status.
• Employees are entitled to maintain health benefit coverage during leave.
• The employee must provide notice of his or her intent to take a leave no less than thirty days before the leave is to begin or as soon as it is practical.

Office of Human Resources Management, Unpaid Leave Under the Family and Medical Leave Act
The Office of Human Resources Management provides detailed information about the Family and Medical Leave Act. The information is primarily for employees or consumers.