Authorizes an eligible employee to take family leave for a qualifying military exigency under state law. (CD1), the official text

THE SENATE

S.B. NO.

3082

THIRTY-THIRD LEGISLATURE, 2026

S.D. 1

STATE OF HAWAII

H.D. 1

C.D. 1

A BILL FOR AN ACT

RELATING TO MILITARY
FAMILIES.

BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1.   The
legislature finds that military families face unique challenges stemming from
the demands of military life, including frequent relocations, short-notice
deployments, and other service-related obligations.  These disruptions often result in financial
stress, food insecurity, and urgent needs for time off from work to manage
essential responsibilities such as arranging childcare, attending military
briefings, securing legal and financial services, and ensuring continuity of
care for dependents.

The legislature further finds that Hawaii's
family leave law does not currently recognize qualifying exigencies experienced
by family members of military service members as a permissible reason for
family leave.  Aligning Hawaii's
family leave law with the federal Family and Medical Leave Act, which
acknowledges such exigencies, will provide critical support and reinforce the
State's commitment to those who serve.

Accordingly, the purpose of this Act is to
strengthen support for military
families by expanding family leave eligibility to include qualifying military
exigencies.

SECTION 2.  Section 398-1,
Hawaii Revised Statutes, is amended by adding a new definition to be
appropriately inserted and to read as follows:

""Qualifying
military exigency" means a qualifying exigency that is related to active
duty service, as provided in title 29 Code of Federal Regulations section
825.126, by an employee's child, spouse, reciprocal beneficiary,
sibling, grandchild, or parent in the United States armed forces."

SECTION 3.
Section 398-3, Hawaii Revised Statutes, is amended by amending
subsection (a) to read as follows:

"(a)  An employee shall be entitled to a total of
four weeks of family leave during any calendar year:

(1)  Upon
the birth of a child of the employee or the adoption of a child; [or]

(2)  To care for the employee's child, spouse,
reciprocal beneficiary, sibling, grandchild, or parent with a serious health
condition[.]; or

(3)  For a qualifying
military exigency."

SECTION 4.  Section 398-5, Hawaii Revised
Statutes, is amended to read as follows:

"§398-5  Notice.  In any case in which the necessity for family
leave for purposes of birth or adoption of a child [or];
providing care to a child, spouse, reciprocal beneficiary, sibling, or parent;
or qualifying military exigency is foreseeable, the employee shall provide
the employer with prior notice of the expected birth or adoption [or],
serious health condition, or qualifying military exigency in a manner
that is reasonable and practicable.
Requests for family leave shall include evidence that the employee has
submitted the request and provided required data in accordance with section
398-9.5."

SECTION 5.  Section 398-6, Hawaii Revised
Statutes, is amended to read as follows:

"§398-6  Certification.  (a)  An
employer may require that a claim for family leave be supported by written
certification.

(b)  For the birth of a child, certification shall
be issued by a health care provider or the family court.  For the placement of a child for adoption
with the employee, certification shall be issued by a recognized adoption
agency, the attorney handling the adoption, or by the individual officially
designated by the birth parent to select and approve the adoptive family.

(c)  When leave is to care for a child, spouse,
reciprocal beneficiary, sibling, grandchild, or parent who has a serious health
condition, certification shall be issued by the health care provider of the
individual requiring care.  Certification
shall be considered sufficient if it provides information as required by the
director.

(d)  When leave is for a qualifying military
exigency, documentation shall include a copy of official military orders."

SECTION 6.  Statutory material to be repealed is
bracketed and stricken.  New statutory
material is underscored.

SECTION 7.
This Act shall take effect on July 1, 2026.