Relating To Paid Family Leave.
HB755 creates a new Hawaii paid family and medical leave insurance program administered by the Department of Labor and Industrial Relations. Beginning January 1, 2028, the department would establish the program and start collecting payroll contributions from employers and employees to finance benefits. Beginning January 1, 2029, eligible workers could begin filing claims for paid family leave or paid medical leave. The bill provides up to 12 weeks of family leave benefits and up to 26 weeks of medical leave benefits in a benefit year, with wage replacement calculated on a sliding scale tied to the state average weekly wage.
The bill expands qualifying reasons for leave to include bonding with a new child, caring for a family member with a serious health condition, caring for a qualifying service member, qualifying exigencies tied to military service, and leave related to domestic abuse, sexual assault, or stalking. It also allows intermittent or reduced-schedule leave, provides job restoration and health coverage protections, prohibits retaliation, and sets notice, appeals, confidentiality, overpayment, and self-employed elective coverage rules. The measure also creates a dedicated trust fund, requires public education and annual reporting, and directs the department to adopt implementing rules by January 1, 2027.
HB755 would substantially change Hawaii law by repealing chapter 392, repealing related provisions in chapter 378, and amending multiple statutes to replace the existing temporary disability framework with a broader paid family and medical leave system. It also updates references in procurement, charter school employment benefits, professional employer organization rules, wage definitions, sick leave coordination, and insurance filing provisions so they align with the new program. The bill establishes a new trust fund and authorizes payroll contributions to support benefit payments and administration, while preserving coordination with the federal Family and Medical Leave Act and other more generous leave arrangements.
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the materials supplied. Based on the bill text and report description, the measure appears to be framed as a major worker-protection and family-support initiative, with an emphasis on access to leave, income replacement, and anti-retaliation protections. The overall tone of the legislation is expansive and implementation-focused, suggesting a policy goal of creating a statewide paid leave system rather than a narrow amendment.
The main likely points of contention are the cost and structure of the payroll contribution system, including the division of contributions between employers and employees and the different treatment of employers with fewer than five employees. Other potential issues are the repeal of chapter 392 and the transition away from the existing temporary disability framework, the administrative burden on employers and the Department of Labor and Industrial Relations, and the scope of covered leave reasons, especially the inclusion of domestic violence-related leave and a broad definition of family or designated person. The bill also raises implementation questions about start-up funding, rulemaking, and how the new program will coordinate with collective bargaining agreements, employer policies, and existing leave benefits.