H.B. 822 Summary

• Adds a new part to Chapter 378, Hawaii Revised Statutes establishing reproductive loss leave requirements for employers.

• Employers with five or more employees must grant up to five days of reproductive loss leave following a reproductive loss event (miscarriage, stillbirth, failed adoption, failed surrogacy, or unsuccessful assisted reproduction).

• Reproductive loss leave must be completed within three months of the event, may be taken nonconsecutively, and is limited to 20 days total per 12-month period if multiple events occur.

• Employers may require leave be taken pursuant to existing leave policies; if no policy exists, leave may be unpaid unless the employee uses accrued vacation, personal, sick leave, or compensatory time.

• Prohibits employers from interfering with, retaliating against, or discriminating against employees for exercising reproductive loss leave rights, and requires employers to maintain confidentiality of employee requests.