Hawaii has enacted a new law expanding the state’s family leave law to better support military families. Hawaii’s family leave statute will allow eligible employees to take unpaid family leave for qualifying military exigencies connected to a family member’s active-duty service.
What the New Law Does
As of July 1, 2026, in addition to the birth or adoption of a child or caring for certain family members with a serious health condition, eligible employees in Hawaii may take up to four weeks of family leave in a calendar year for a qualifying military exigency. Eligible employees include any person who performs services for hire for not fewer than six consecutive months for the employer from whom the employee requests leave.
A qualifying military exigency refers to certain urgent or practical needs arising from a family member’s active-duty military service as outlined in the federal Family and Medical Leave Act (29 C.F.R. 825.126), including for issues related to:
- Short-notice deployment.
- Military events and related activities.
- Childcare and school activities.
- Financial and legal arrangements.
- Counseling.
- Rest and recuperation.
- Post-deployment activities.
- Parental care.
Covered Family Members
Employees may take leave when the qualifying military exigency relates to active-duty service by an employee’s:
- Child.
- Spouse.
- Reciprocal beneficiary.
- Sibling.
- Grandchild.
- Parent.
When an employee requests family leave for a qualifying military exigency, they must provide their employer with a copy of the relevant military orders.
Paid Family Leave Coming Soon?
In 2025, the legislature tasked a legislative working group with developing recommendations for establishing and implementing a paid family and medical leave program. During Hawaii’s most recent legislative session, a bill to establish a family and medical leave insurance program passed the House but stalled in a Senate committee. That bill would have provided up to twelve weeks of paid family leave benefits and up to twenty-six weeks of medical leave benefits per year.
With momentum building, we may see the Hawaiian legislature take this matter up again in coming sessions.
Max Grossfeld is an attorney with Jackson Lewis in Baltimore. Joseph J. Lynett is an attorney with Jackson Lewis in New York City. © 2026 Jackson Lewis. All rights reserved. Reposted with permission.
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