Paternity Leave Laws in Hawaii: Your Rights as a New Parent

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, provides eligible employees at covered employers with up to 12 weeks of unpaid, job-protected leave in a 12-month period for the birth of a child and to bond with a newborn. FMLA applies to employers with 50 or more employees within 75 miles of the work site. The law applies to biological fathers, adoptive fathers, and in most states, same-sex parents. To be eligible, an employee must have worked for the employer for at least 12 months, worked at least 1,250 hours in the past 12 months, and work at a location where the employer has at least 50 employees within 75 miles.

FMLA leave is unpaid but employers must maintain health insurance coverage during the leave period. The Department of Labor (DOL) enforces FMLA. Remedies include back pay, reinstatement, and damages for violations. FMLA does not require employers to provide paid leave, but it does guarantee job protection and continuation of benefits.

Hawaii Revised Statutes section 378-71 provides state-level paternity leave protections that differ from and complement federal FMLA. Hawaii's law requires employers with 100 or more employees to grant up to four weeks of unpaid, job-protected leave to eligible male employees for the birth of a child or for adoption within 12 months of birth or placement.

Hawaii's law is narrower than FMLA in some respects: it covers fewer employers (those with 100+ employees versus FMLA's 50+ threshold) and provides only four weeks versus FMLA's 12 weeks. However, Hawaii's law explicitly covers paternity leave as a standalone right, whereas FMLA requires employees to use general leave entitlements. The law applies equally to biological fathers, adoptive fathers, stepfathers, and same-sex parents, and does not require employees to have worked a full 12 months (as FMLA does).

Unlike FMLA, Hawaii's paternity leave is not tied to medical necessity—it is a pure bonding right. Hawaii law does not require employers to maintain health insurance during paternity leave in the same way FMLA does, though this may vary by employer policy.

The Hawaii Department of Labor and Industrial Relations (DLIR) enforces section 378-71. Employers are prohibited from denying leave, reducing benefits, or retaliating against employees for exercising paternity leave rights. Hawaii also protects against discrimination based on family status under section 378-2, which prevents adverse employment actions based on parental status.

Hawaii's paternity leave law applies only to employers with 100 or more employees; smaller employers are not covered by state law, though they may be covered by federal FMLA if they have 50+ employees. The law does not apply to military personnel, who are covered under separate military family leave provisions. Paternity leave under section 378-71 is unpaid—employers have no obligation to provide wages during the leave period, though some employers voluntarily choose to do so through PTO or paid leave policies.

The leave must be taken within 12 months of birth or adoption; employees cannot indefinitely defer the leave. Employers may require employees to provide reasonable advance notice (typically 30 days) and may request medical or adoption documentation to verify eligibility. Employees subject to a collective bargaining agreement may have different leave entitlements negotiated in their contract; the collective bargaining agreement governs in those cases.

The law does not require employers to provide paid leave during paternity leave, though some employers offer this voluntarily. Employees who are not eligible under section 378-71 (such as those at employers with fewer than 100 employees) may still qualify for federal FMLA if their employer meets the 50-employee threshold. Employers may also require that leave be taken in continuous blocks or at specified times, provided this does not completely deny the leave right. Employees on paternity leave remain entitled to the same or substantially equivalent position and benefits upon return.

Step 1 — Document your situation: Record the date of your child's birth or adoption, your hire date, the size of your employer, and any communications with your employer about paternity leave. Keep copies of any employee handbook sections on parental leave, emails requesting leave, and any verbal communications about your leave. Document your position, job duties, and compensation to show what you are entitled to upon return.

Step 2 — Initiate internal complaint: Review your employer's leave policy and paternity leave procedures. Submit a written request for paternity leave to your human resources department or direct supervisor, stating the birth or adoption date, the leave dates you need, and citing Hawaii Revised Statutes section 378-71 if necessary. Request written confirmation of approval. Retain copies of all leave requests and employer responses. If your employer denies leave or retaliates, escalate internally to HR leadership or a compliance officer if available.

Step 3 — File a charge with Hawaii DLIR: If your employer denies, reduces, or retaliates against you for paternity leave, file a charge of discrimination with the Hawaii Department of Labor and Industrial Relations, Civil Rights Enforcement Division. Visit labor.hawaii.gov or call (808) 586-8640. You must file within 180 days of the violation. Provide your name, employer name and address, date of the violation, a description of how the employer violated your paternity leave rights, and copies of supporting documents. Include your contact information and preferred method of contact.

Step 4 — DLIR investigation: The Civil Rights Enforcement Division will investigate your charge, typically within 30-90 days. They will contact your employer for a response. DLIR investigators may interview you, your employer, and witnesses. You will receive updates on the investigation status. DLIR will issue a determination letter stating whether probable cause exists that a violation occurred. If probable cause is found, DLIR will attempt to conciliate (negotiate a settlement). If conciliation fails, DLIR issues a decision that may be appealed to the Hawaii Labor and Industrial Relations Appeals Board.

Step 5 — Legal representation: Consult an employment attorney in Hawaii if your employer denies paternity leave, fires you for requesting it, or refuses to reinstate you upon return from leave. An attorney can advise on claims under Hawaii Revised Statutes section 378-71, section 378-2 (family status discrimination), and potential federal FMLA violations. Many Hawaii employment attorneys work on contingency for retaliation and discrimination claims. Legal action can seek back pay, reinstatement, damages for emotional distress, and attorney fees.