Haw. Code R. § 12-27-5 - Employer coverage and employee eligibility

(a) To meet the employee count for employer coverage under the definition of "employer" in section 398-1, HRS, and section 12-27-1:

(1) The count of employees includes all employees maintained on the employer's payroll who work within the State of Hawaii. Employees of employers doing business in Hawaii who are stationed at worksites outside of Hawaii are not included in the count.

(2) All employees of the employer, regardless of their months of employment, shall be counted. The count is not limited to only employees who are eligible for family leave under the statute.

(3) Full-time, part-time, temporary and intermittent employees are counted as long as they are maintained on the payroll for the week.

(4) Employees on authorized paid or unpaid leave, including, but not limited to, family leave, leaves of absence, and disciplinary suspension, are counted as long as the employer has a reasonable expectation that the employee will return to active employment.

(b) It is not necessary that every employee actually perform work on each working day. For practical purposes, "each working day" shall be recognized as the regular workweek established by the employer. Any employee whose name appears on the employer's payroll will be considered employed each working day of the calendar week, and must be counted whether or not any compensation is received for the week. An employee who does not begin to work for an employer after the first working day of a calendar week, or who terminates employment before the last working day of a calendar week, is not considered employed on each working day of that calendar week.

(c) The count of employees to determine employer coverage is done at the time an employee gives notice of the need for family leave. Whether the family leave is to be taken at one time or intermittently, once an employee is determined eligible for the family leave, the employee's eligibility is not affected by any subsequent change in the count of employees. Similarly, an employer may not terminate any family leave that has already started if the employee count drops below one hundred.

(d) For purposes of this chapter, Title 29, subpart A, sections 825.104(c) and 825.106, of the Code of Federal Regulations as it existed on April 6, 1995, pertaining to integrated and joint employers, are incorporated by reference, except that under the example used in subsection (d), the employee count must total 100 or more.

(e) To be eligible, an employee must have performed actual work for at least six consecutive months without a break due to resignation, termination, or layoff. Periods of paid leave or authorized leave without pay are not considered to cause a break in employment.

Notes

Haw. Code R. § 12-27-5

[Eff 2/3/05] (Auth: HRS § 398-11) (Imp: HRS §§ 398-1, 398-2)