HAR §12-27-10. Notice requirements

(a) Every employer covered by the statute shall notify employees in writing at the time of hire of their rights and responsibilities under the statute, including any employer policy regarding the statute. The notice, and any revision, shall contain, but not be limited to: (1) Any requirement for the employee to furnish certification in accordance with section 398-6, HRS, and section 12-27-11, and the consequences of failure to do so; (2) The employee's right to substitute accrued paid leave, and whether the employer will require the substitution of any paid leave; (3) Any requirement for the employee to make any premium payments to maintain health and other benefits and the arrangements for making such payments; (4) Information on employee right to restoration to the same or equivalent position as required under the statute; and (5) Other information as required by the department. (b) An employee shall give notice to the employer of the need for family leave as follows: (1) If foreseeable, at least thirty days written notice before the date family leave is expected to commence; (2) For foreseeable notice in which it is not possible or practicable to give as much as thirty days written notice before commencement of family leave, at least verbal notification to the employer within two working days before the commencement of 27-14 §12-27-10 family leave, and written notice to follow as soon as practicable; or (3) If the need for family leave is not foreseeable, the employee shall give at least a verbal notice to the employer within two working days of learning of the need for family leave, or as soon as practicable under the facts and circumstances of the particular situation. If the verbal notice is provided as soon as practicable, the employer shall not deny or delay family leave. If the employer requires a subsequent written notice to confirm the verbal notice, the employee shall submit that notice as soon as practicable. (c) Notice in subsection (b) is considered sufficient if it is provided by correspondence, facsimile, or other electronic means, except that notice in paragraph (b)(3) is considered sufficient if it is provided in person or by telephone. In cases where the employee is unable to provide notice personally, the employee’s designated spokesperson, such as the spouse, adult family member, or other responsible party, is allowed to provide the notice. (d) If known, the employee shall provide notice to the employer of the general reason for the request, the anticipated start of family leave, and the anticipated duration of family leave. In cases where the start or duration of family leave is not known, the employer shall not deny or delay family leave if the employee has otherwise provided timely verbal or other notice in accordance with subsection (b). The employer may request further information in order to make a determination as to whether certification under section 12-27-11 will be needed to support the approval of family leave. (e) If an employee fails without a reasonable excuse to provide notice to the employer as required under this section, the employer may delay the taking of family leave until the employee is able to provide proper notice, or until at least thirty days after the 27-15 §12-27-10 date the employee first notified the employer of the need for family leave. [Eff 2/3/05 ] (Auth: HRS §398-11) (Imp: HRS §398-5)