Hawaii Trip Ruined: A Pregnant Woman’s Frustration

A pregnant woman in Hawaii is facing significant challenges navigating the state’s family leave laws after experiencing a medical complication during her pregnancy, highlighting gaps in support for expectant mothers and fresh families. Leilani Kailiawa, 40, discovered six months into her pregnancy that her baby was small and experiencing placental blood flow issues, requiring her to relocate from Hawaii Island to Honolulu for specialized medical care.

Kailiawa, who had already reduced her work hours at a Taco Bell in Kona to manage stress and commute time, faced further reductions in income as she prepared for the move. She applied for temporary disability insurance (TDI), a state-mandated benefit for businesses, and Med-Quest, Hawaii’s Medicaid program. TDI provides 58% of an employee’s average income, currently capped at $798 per week, for pregnancy complications and the postpartum period, typically covering five to six weeks, or eight weeks for cesarean-section deliveries. Med-Quest covered her medical care and lodging in Honolulu.

Hawaii’s maternity leave landscape is complex, involving both state and federal regulations. The Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees, offering up to 12 weeks of unpaid leave to eligible workers who have been employed for at least 12 months and worked at least 1,250 hours in the past year. Hawaii’s Pregnancy Discrimination Law mandates reasonable accommodations for pregnancy-related conditions, including leave, for employers with at least one employee, regardless of employment duration or hours worked. The Hawaii Family Leave Law (HFLL) extends protections to employees of private employers with at least 100 employees, providing up to four weeks of unpaid leave for the birth or adoption of a child, available to those employed for at least six consecutive months.

The HFLL applies to employers employing 100 or more employees for each working day during 20 or more calendar weeks in the current or preceding calendar year. The employee count includes all workers on the payroll within the state, including part-time, temporary, and those on paid or unpaid leave. It excludes employees who are laid off or work at mainland or international locations.

Kailiawa gave birth to her son, Jeremiah, at Kapi‘olani Medical Center for Women & Children on March 7, 2016, at just 2 ½ pounds. The case underscores the financial and logistical difficulties faced by families navigating Hawaii’s leave policies, particularly those with medical complications or lower incomes.