HB1268

HOUSE OF REPRESENTATIVES	H.B. NO.	1268
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

relating to family leave.

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

SECTION 1. The legislature acknowledges that there are many individuals who have significant personal, emotional, and economic relationships with another individual yet are not married or in reciprocal beneficiary relationships. The legislature believes that family leave should be made available to couples who have demonstrated their commitment to one another through the criteria set forth in this Act, which shall apply without regard to gender.

Under chapter 398, Hawaii Revised Statutes, an employee is entitled to family leave to care for the employee's child, spouse, reciprocal beneficiary, sibling, grandchild, or parent with a serious health condition. The purpose of this Act is to allow family leave to also apply to an employee's domestic partner or the child of an employee's domestic partner, as defined in this Act, which shall be known as the Partner Leave Equality Act.

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

""Domestic partner" means an individual who:

(1) Lives in a spouse-like relationship with the employee;

(2) Intends to remain in a domestic partnership with the employee indefinitely;

(3) Maintains a common residence with the employee with an intent to reside together indefinitely;

(4) Agrees with the employee to be jointly and severally responsible for each other's basic living expenses, including food, shelter, and medical care;

(5) Is not married, in a reciprocal beneficiary relationship, or in a domestic partnership with anyone other than the employee; provided that the employee is also not married, in a reciprocal beneficiary relationship, or in a domestic partnership with anyone other than the individual;

(6) Is not related by blood in such a way as would prevent the individual from marrying the employee in the State;

(7) Is at least eighteen years of age and mentally competent to contract; provided that the employee is also at least eighteen years of age and mentally competent to contract; and

(8) Has not consented to the domestic partnership by force, duress, or fraud; provided that the employee has also not consented to the domestic partnership by force, duress, or fraud;

provided that at the time the need for family leave arises, the employee signs a notarized declaration of domestic partnership, attesting to the criteria in paragraphs (1) through (8), in a form acceptable to the employer and under penalty of perjury.

"Spouse-like relationship" includes a conjugal relationship and the sharing of social activities."

SECTION 3. Section 398-1, Hawaii Revised Statutes, is amended by amending the definition of "child" to read as follows:

""Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; a biological, adopted, or foster son or daughter of a domestic partner; or a legal ward of an employee."

SECTION 4. 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, domestic partner, sibling, grandchild, or parent with a serious health condition."

SECTION 5. 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, domestic partner, sibling, or parent is foreseeable, the employee shall provide the employer with prior notice of the expected birth or adoption or serious health condition 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 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, 2025.

INTRODUCED BY:	_____________________________