Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 4 - SEX DISCRIMINATION
Section 12-46-108 - Leave due to pregnancy, childbirth, or related medical conditions

Universal Citation: HI Admin Rules 12-46-108

Current through November, 2023

(a) Disability due to and resulting from pregnancy, childbirth, or related medical conditions shall be considered by the employer to be justification for a leave, with or without pay, by the female employee for a reasonable period time. "Reasonable period of time" as used in this section shall be determined by the employee's physician, with regard for the employee's physical condition and the job requirements.

(b) The employer may request a doctor's certificate estimating the length of leave and the estimated commencement and termination dates of leave required by the employee.

(c) A female employee shall be reinstated to her original job or to a position of comparable status and pay, without loss of accumulated service credits and privileges. The employer may request, prior to the employee's return, a medical certificate from the employee's physician attesting to her physical condition and approving her return to work.

(d) Chapter 378, HRS, does not require any employer to grant paid or unpaid child care leave of absence. Any employer providing such leaves shall do so without regard to the sex of the employee applying for such leave.

[Eff 12/31/90] (Auth: HRS §§ 368-3, 378-8) (Imp: HRS §§ 368-3, 378-1, 378-2)

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