(1) medical certification containing the facts regarding the serious health condition
and its probable duration, and (2) evidence of family relationship.
J. Employees shall be covered by the following employment and benefits protection:
1. An employee returning to work after family leave shall be restored to the position
of employment last held by the employee when the leave commenced, or restored
to an equivalent employment benefits, pay, and other terms and conditions of
employment.
2. An employee is not entitled to reinstatement in the former or equivalent position
if during the leave period, the employer experienced a layoff or workforce
reduction and the employee would have lost a position had the employee not been
on family leave. The employee retains all rights, including seniority rights
pursuant to layoff procedures, if layoff procedures are applicable to such
employee.
3. An employee shall not lose any employment benefit accrued before the date of
leave commencement, except for any paid leave that may have been used for
family leave.
4. The accrual of any seniority or employment benefits while on family leaver would
be administered in the same manner as any other leave without pay (LWOP)
and/or paid leave situation.
4. Prohibited Acts
A. It shall be unlawful for any employer to interfere with, restrain, or deny the exercise
or the attempt to exercise any right provided for under Act 328, SLH 1991.
B. It shall be unlawful for any employer to discharge or discriminate against any
individual for opposing any practice made unlawful by Act 328, SLH 1991.
C. It shall be unlawful for any person to discharge or discriminate against any individual
because the individual has:
1. Filed any charge, or instituted or caused to be instituted any proceeding, under or
related to Act 328, SLH 1991;
2. Given or is about to give any information in connection with any inquiry or
proceeding relating to any right as provided in Act 328, SLH 1991;
3. Testified or is about to testify in any inquiry or proceeding relating to any right as
provided in Act 328, SLH 1991.
5. Any question of conflict concerning the interpretation and application of these guidelines
affecting civil service employees shall be resolved by the Directory of the State Department
of Personnel Services. Question or conflict concerning BOR appointees shall be resolved by
the Director of Personnel, University of Hawaii.