HAR §12-27-7. Intermittent family leave

(a) Family leave may be taken intermittently during each calendar year. Family leave need not be taken immediately upon the birth or adoption of a child, or upon commencement of a serious health condition. Because family leave may be taken intermittently and for less than a week, an employer is allowed to convert the four-week entitlement to an equivalent number of hours based on the current regular workweek of the employee as follows: (1) Where the employee has a part-time regular workweek schedule, the amount of family leave entitlement is determined on a proportional or equivalent basis by comparing with the employee’s normal work schedule; (2) Where an employee’s regular workweek schedule varies, a weekly average of the 27-10 §12-27-8 hours worked over the four weeks prior to the beginning of family leave shall be used to calculate the employee’s normal workweek. (c) An employer may determine the size of intermittent family leave increments as the shortest period of time that the employer’s payroll system uses to account for use of leave, provided that the shortest incremental period is one hour or less. (d) If an employee takes family leave on an intermittent basis, the employer may offer to modify existing duties and conditions of the employee’s regular job to better accommodate the intermittent leave. The employer may also offer the employee a temporary transfer to an available alternative position for which the employee is qualified and which better accommodates intermittent periods of leave than does the employee’s regular position. The position modification or transfer will be permitted if: (1) The employee agrees to the alternative position transfer or modification of the employee’s regular position; (2) The transfer or modification is in compliance with any applicable collective bargaining agreement and any federal and state law; and (3) The alternative transfer or modified position has equivalent pay and benefits of the employee’s regular job, even if the employer must increase the pay and benefits of the alternative position in order to meet the equivalency. [Eff 2/3/05 ] (Auth: HRS §398-11) (Imp: HRS §398-3)