Fanny Tsun v. Wdi International, Inc.

MEMORANDUM

Fanny K.F. Tsun appeals the district court’s order granting summary judgment in favor of WDI International, Inc. on her claims under the Hawaii Family Leáve law (HFLL) and the Family Medical Leave Act of 1993 (FMLA).

Tsun’s requested leave under the HFLL could only be premised on her father-in-law’s “serious health condition.” Haw. Admin. C. § 12-27-1 (defining “serious health condition” and “parent” to include “parent-in-law”); Haw. Admin. C. § 12-27-6(f) (HFLL protected leave “shall not include the serious health condition of the employee”). However, once her father-in-law passed away, she no longer had a qualifying reason to request leave under the HFLL. See Haw.Rev.Stat. § 398-1 (“Serious health condition” means “a physical or mental condition that warrants the participation of the employee to provide care during the period of treatment or supervision by a health care provider ...”).

Tsun’s claim for leave under the FMLA was predicated on her statement that she injured her back while in Hong Kong. To qualify for leave under the FMLA, Tsun had to experience a “serious health condition.” 29 U.S.C. § 2612 , found unconstitutional on other grounds in Coleman v.…