Practice Areas » Pregnancy
Women in Hawaii enjoy protection from being discriminated against, or being forced out of the workforce, because of pregnancy and pregnancy-related disability. Hawaii has better protection for pregnant women than almost any other state.
Hawaii, unlike most states, requires that an employer "reasonably accommodate" the medical needs of pregnant women. A request for time off caused by pregnancy must be accommodated. Some employers have rules regulating attendance policies. Those rules often do not differentiate between attendance requirements for pregnant and non-pregnant employees. Under federal law all workers - pregnant and non-pregnant alike - can be treated the same. So under federal law an employer may apply a uniform policy of terminating an employee if they have been ill for more than 12 weeks, even if the reason the woman can not work is pregnancy-related. Under Hawaii law a woman even if she has to miss work for several months because of pregnancy must be reinstated at the end of pregnancy-related disability. Women get this protection because Hawaii has recognized that if those protections are not given to pregnant workers, women will have difficulty moving up the employment ladder, because they have to take time off because of pregnancy to give birth.
Whether the time off is pregnancy related is an issue that is determined by the doctor. A woman with an uncomplicated pregnancy needs some time off before her pregnancy, as determined by her doctor. Usually this is not more than twelve weeks. There is no minimum maternity leave required under Hawaii law, nor maximum. The amount of leave needed is determined by the doctor, not the law. There is no requirement that the woman be paid during pregnancy related leave.
In addition to requiring that women be given the time off or other accommodation during pregnancy, Hawaii law prohibits an employer from discriminating against an employee in terms or conditions of an employee because of pregnancy. An employer can not refuse to hire an employee because she is pregnant and will need to take time off in the future, nor can a woman be fired, demoted or denied a promotion because she is pregnant.
If you feel that your employer has either not hired you because of your pregnancy, not promoted you because of your pregnancy or otherwise discriminated against you because of your pregnancy, or your employer has failed to reinstate you after pregnancy, or failed to accommodate your medical needs during pregnancy (for instance penalizing you for absences caused by pregnancy) please contact us today →.
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Hawaii Administrative Rules on Pregnancy Discrimination and Leave, Teague v. HCRC, 89 Haw. 269, (1999)
If you are experiencing any of these issues in your workplace, your employer may be violating the law. Our firm would be glad to discuss your concerns with you.
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