HAR §12-27-12. Employment and benefits protection

(a) Upon the return of an employee from family leave, the employer is required to restore an employee to the employee's original position, or if no longer available, an equivalent position with equivalent terms and conditions of employment. A position is 27-18 §12-27-13 considered equivalent if it essentially has, but is not limited to, the same pay, benefits, working conditions, privileges, perquisites, status, duties, responsibilities, seniority, and authority as the original position. These terms and conditions may include worksite location, shift, work schedule, opportunity for bonuses, tips, profit sharing, and other similar discretionary and non-discretionary payments or benefits. (b) Upon the employee's return to work from family leave, all benefits earned prior to taking family leave which were not used during that leave shall be restored to the employee. This includes, but is not limited to, all benefits which are earned, accrued, or cumulative, based on statute, contract, policy, or practice prior to or during the family leave. Leave benefits earned in one year, but not carried over to the following year by contract, policy, or practice, are not protected. (c) For purposes of changes in pay and benefits, an employee on family leave is entitled to changes as if no leave had been taken, except where the change is contingent upon seniority or accrual by policy or contract. (d) If an employee provides to the employer reasonable advance notice of at least two days requesting a return to work earlier than originally granted, the employer is obligated to promptly reinstate the employee to his or her original or equivalent position of employment. [Eff 2/3/05 ] (Auth: HRS §398-11) (Imp: HRS §398-7)