Hawaii Revised Statutes

Haw. Rev. Stat. § 378-92 (2026)

]  Opportunity to express milk

✓ current as of July 2026
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     [§378-92]  Opportunity to express milk.  (a)  An employer shall provide:

     (1)  Reasonable break time for an employee to express milk for the employee's nursing child for one year after the child's birth each time the employee has a need to express breast milk; and

     (2)  A location, other than the restroom, that is shielded from view and free from intrusion from coworkers and the public that may be used by an employee to express breast milk.

     (b)  Every employer covered by this section shall post a notice in a conspicuous place accessible to employees and use other appropriate means to keep the employer's employees informed of the protections and obligations under this part.

     (c)  Subsection (a) shall not apply to any employer who has fewer than twenty employees if the employer can show that the requirements under subsection (a) would impose an undue hardship by causing the employer significant difficulty or expense in relation to the size, financial resources, nature, or structure of the employer's business. [L 2013, c 249, pt of §2]

 

 

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Summer v. Am. Sav. Bank F.S.B. (D. Haw. 2020).
Summer v. Am. Sav. Bank F.S.B. (D. Haw. 2020). · cites it 3× “ASB also attempts to argue that because a separate statutory provision, HRS § 378-92, requires employers to provide reasonable time and a location for employees to express breastmilk, it would be inconsistent to read § 378-2(a)(7) as requiring employers to allow breastfeeding at…”
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