Human Resource Blog

FMLA in Hawaii

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Labor Laws
Complete State & Federal Labor Law Posters 1 Year Compliance Protection Plan State ONLY Labor Law Posters Federal Labor Law Posters

We have a full-time employee that works on her family’s farm part time. The farm recently had several animals die of an illness and our employee would like to take time off to tend to the remaining animals. She has requested this time off coverage under the FMLA. How does the FMLA cover time off for animals in Hawaii?

Unfortunately for your employee, the Family and Medical Leave Act does not cover time off for animals, including pets and livestock that might be associated with a particular family. In your employee’s situation, there are other federal benefits that her family could possibly qualify for if her family is in the agricultural business, but as far as the FMLA time off goes, she is not covered.

The FMLA is a federal Act that applies to companies in states across the U.S. The Act basically states that an employee may take time off of work in order to care for a sick family member or for the employee him or herself. However, pets and animals are not covered family members. Those family members that are covered include the following:

• Children, if those children are under the age of 18
• Parents, as long as those parents are blood relatives or guardians
• spouses

Parents that are in-laws are not covered under the FMLA. Also, if an employee is under the age of 18, that employee will not qualify for FMLA coverage in order to take care of a sick parent.

In order to qualify for leave, the employee needs to be in a position where he or she takes care of the ill family member or needs to be injured or ill. The employer may request proof of injury or illness. Also, both men and women can take FMLA time off in order to tend to the birth of a child, the adoption of a child, or the in-take of a child through foster care.

An employee only qualifies for FMLA time off if the employee has worked with the covered company for at least 20 weeks or 1,250 hours of the preceding calendar year. Also, a business is only covered for FMLA time off if the employer has at least 50 employees that work within a 75-mile radius of the employee that wishes to take time off of work. CB