Equality and the Hawaii Family Leave Law

In the news  
     The last two weeks much of the focus of the local news has been on the status of the 2nd Special Session, that was convened to bring State law in line with recent federal developments (The overturning of section 3 of the Defense of Marriage Act)  and provide equity to Hawaii residents.  The Hawaii Civil Rights Commission, an attached agency to the Department of Labor and Industrial Relations, provided testimony in support of the measure. The Governor signed the measure on November 13, 2013, and it became Act 1, 2nd Special Session 2013.  The law becomes effective December 2, 2013.

     The previous statuses of Reciprocal Beneficiaries and Civil Unions have somehow paved the way for whatever struggle existed in assuring equal rights since the issue was raised in Hawaii back in 1991 when same-sex couples challenged the Hawaii Director of Health on being denied a marriage license (See Baehr v. Lewin, 74 Haw. 530, 1993).  Eighteen years ago, the majority report of the Commission on Sexual Orientation and the Law came to the conclusion that Act 1 realized this week.

    The Governor has provided an F.A.Q. about the effects of the Hawaii Marriage Equality Act.

Hawaii Family Leave Law
      Will Act 1 have an effect on the work we do in Wage Standards? Not likely. The law our Division administers and enforces that brings into play a married couple is the Hawaii Family Leave Law, Chapter 398, Hawaii Revised Statutes (HRS). The Hawaii Family Leave Law has always had a broad interpretation of family that is reflective of our island ohana spirit. The number of complaints we take in on this law is less than 1% of our typical annual caseload.

Definition of "parent"
      As a reminder, Hawaii law is more expansive in the definition of "parent" than the federal Family Medical Leave Act.  In Hawaii Family Leave Law the definition of "parent" includes "in-laws" and grandparents which the federal law does not.

     See: 398-1, HRS  "Parent" means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, or a grandparent-in-law.

     It makes one wonder, is this fodder for another in-law joke?  No comment.