HB 2263: Military Families; Family Leave; Qualifying Military Exigency

A BILL FOR AN ACT

RELATING TO MILITARY FAMILIES.

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

     SECTION 1.   The legislature finds that military families face unique challenges stemming from the demands of military life, including frequent relocations, short-notice deployments, and other service-related obligations.  These disruptions often result in financial stress, food insecurity, and urgent needs for time off from work to manage essential responsibilities such as arranging childcare, attending military briefings, securing legal and financial services, and ensuring continuity of care for dependents.

     The legislature further finds that Hawaii's family leave law does not currently recognize qualifying exigencies experienced by family members of military service members as a permissible reason for family leave.  Aligning Hawaii's family leave law with the federal Family and Medical Leave Act, which acknowledges such exigencies, will provide critical support and reinforce the State's commitment to those who serve.

     Accordingly, the purpose of this Act is to strengthen support for military families by expanding family leave eligibility to include qualifying military exigencies.

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

     ""Qualifying military exigency" means a qualifying exigency that is related to active duty service, as provided in title 29 Code of Federal Regulations section 825.126, by an employee's child, spouse, reciprocal beneficiary, sibling, grandchild, or parent in the United States Armed Forces."

     SECTION 3.  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, sibling, grandchild, or parent with a serious health condition[.]; or

     (3)  For a qualifying military exigency."

     SECTION 4.  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, sibling, or parent; or qualifying military exigency is foreseeable, the employee shall provide the employer with prior notice of the expected birth or adoption [or], serious health condition, or qualifying military exigency 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 5.  Section 398-6, Hawaii Revised Statutes, is amended to read as follows:

     "§398-6  Certification.  (a)  An employer may require that a claim for family leave be supported by written certification.

     (b)  For the birth of a child, certification shall be issued by a health care provider or the family court.  For the placement of a child for adoption with the employee, certification shall be issued by a recognized adoption agency, the attorney handling the adoption, or by the individual officially designated by the birth parent to select and approve the adoptive family.

     (c)  When leave is to care for a child, spouse, reciprocal beneficiary, sibling, grandchild, or parent who has a serious health condition, certification shall be issued by the health care provider of the individual requiring care.  Certification shall be considered sufficient if it provides information as required by the director.

     (d)  When leave is for a qualifying military exigency, documentation shall include a copy of official military orders."

     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, 3000.

Report Title:

Military Families; Family Leave; Qualifying Military Exigency

Description:

Authorizes an eligible employee to take family leave for a qualifying military exigency under state law.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO MILITARY FAMILIES.

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

     SECTION 1.   The legislature finds that military families face unique challenges stemming from the demands of military life, including frequent relocations, short-notice deployments, and other service-related obligations.  These disruptions often result in financial stress, food insecurity, and urgent needs for time off from work to manage essential responsibilities such as arranging childcare, attending military briefings, securing legal and financial services, and ensuring continuity of care for dependents.

     The legislature further finds that Hawaii's family leave law does not currently recognize qualifying exigencies experienced by family members of military service members as a permissible reason for family leave.  Aligning Hawaii's family leave law with the federal Family and Medical Leave Act, which acknowledges such exigencies, will provide critical support and reinforce the State's commitment to those who serve.

     Accordingly, the purpose of this Act is to strengthen support for military families by expanding family leave eligibility to include qualifying military exigencies.

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

     ""Qualifying military exigency" means a qualifying exigency that is related to active duty service, as provided in title 29 Code of Federal Regulations section 825.126, by an employee's child, spouse, reciprocal beneficiary, sibling, grandchild, or parent in the United States Armed Forces."

     SECTION 3.  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, sibling, grandchild, or parent with a serious health condition[.]; or

     (3)  For a qualifying military exigency."

     SECTION 4.  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, sibling, or parent, or qualifying military exigency is foreseeable, the employee shall provide the employer with prior notice of the expected birth or adoption [or], serious health condition, or qualifying military exigency 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 5.  Section 398-6, Hawaii Revised Statutes, is amended to read as follows:

     "§398-6  Certification.  (a)  An employer may require that a claim for family leave be supported by written certification.

     (b)  For the birth of a child, certification shall be issued by a health care provider or the family court.  For the placement of a child for adoption with the employee, certification shall be issued by a recognized adoption agency, the attorney handling the adoption, or by the individual officially designated by the birth parent to select and approve the adoptive family.

     (c)  When leave is to care for a child, spouse, reciprocal beneficiary, sibling, grandchild, or parent who has a serious health condition, certification shall be issued by the health care provider of the individual requiring care.  Certification shall be considered sufficient if it provides information as required by the director.

     (d)  When leave is for a qualifying military exigency, documentation shall include a copy of official military orders."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Military Families; Family Leave; Qualifying Military Exigency

Description:

Authorizes an eligible employee to take family leave for a qualifying military exigency under state law.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  627-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2263

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Labor, to which was referred H.B. No. 2263, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MILITARY FAMILIES,"

begs leave to report as follows:

     The purpose of this measure is to authorize eligible employees to take family leave for a qualifying military exigency.

     Your Committee received testimony in support of this measure from the United States Department of Defense; Department of Labor and Industrial Relations; Hawaiʻi National Guard; and Military and Community Relations Office of the Department of Business, Economic Development, and Tourism.  

     Your Committee finds that military families often face unpredictable and urgent demands resulting from deployments, relocations, mandatory briefings, and other service-related obligations that require immediate time away from work.  These responsibilities create logistical and emotional strain on households, especially when state law does not expressly recognize such circumstances as qualifying reasons for family leave, leaving families and employers without clear or consistent processes.  Your Committee believes that expanding family leave eligibility to include qualifying military exigencies will provide needed stability for families, support workforce continuity, and strengthen overall readiness by ensuring that those supporting service members have time to manage essential responsibilities.

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2263, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Labor,

STAND. COM. REP. NO.  197-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2263

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Public Safety, to which was referred H.B. No. 2263 entitled:

"A BILL FOR AN ACT RELATING TO MILITARY FAMILIES,"

begs leave to report as follows:

     The purpose of this measure is to authorize an eligible employee to take family leave for a qualifying military exigency under state law.

     Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations; Hawaiʻi National Guard; Military and Community Relations Office; and one individual.

     Your Committee finds that the families of active-duty members of the military face unique stresses and demands, such as deployments on short notice, relocation orders, and mandatory briefings.  Aligning state law with established federal standards provides clarity for employers, consistency for employees, and ensures that Hawaii's military families receive the same baseline protections already available elsewhere.  Your Committee further finds that this measure represents a reasonable, targeted approach that reflects the realities of military life and demonstrates Hawaii's continued support for members of the armed forces and their families.

     Your Committee has amended this measure by:

     (1)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2263, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2263, H.D. 1, and be referred to your Committee on Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety,