Haw. Code R. § 12-27-9 - Use of sick leave for family leave

(a) An employer who provides paid sick leave shall permit an employee to use up to ten days of the employee's accrued and available sick leave per year for family leave purposes unless an express provision of a valid collective bargaining agreement authorizes the use of more than ten days of sick leave for family leave purposes.

(b) All conditions and restrictions placed by the employer upon the use by an employee of sick leave shall also apply to the use by an employee of sick leave for family leave purposes.

(c) For employers who are self insured for temporary disability insurance purposes, only the accrued and available sick leave that is in excess of the temporary disability insurance plan approved pursuant to chapter 392, HRS, is available for family leave purposes.

(d) For purposes of this section:

"Accrued and available" means accumulated sick leave that the employee may immediately use.

"Sick leave" means accrued increments of compensated leave provided by an employer to an employee for use by the employee during an absence from the employment for any of the following reasons:

(1) The employee is physically or mentally unable to perform the employee's duties due to illness, injury, or a medical condition of the employee;

(2) The absence is for the purpose of obtaining professional diagnosis or treatment for a medical condition of the employee; or

(3) The absence is for other medical reasons of the employee, such as pregnancy or obtaining a physical examination.

"Sick leave" shall not include any benefit provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974 and shall not include any insurance benefit, workers' compensation benefit, unemployment compensation disability benefit, temporary disability insurance benefit, or benefit not payable from the employer.

"Year" means a calendar year.

Notes

Haw. Code R. § 12-27-9

[Eff 2/3/05] (Auth: HRS § 398-11) (Imp: HRS §§ 398-1, 398-4)