Hawaii Leave Laws
In Hawaii, employers are not required to provide employees with vacation benefits, either paid or unpaid. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. An employer must provide employees with written notice of the terms of its vacation policy. Haw. Rev. Stat. 388-7.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
The state of Hawaii has no statute governing the payment of vacation time.
- Use-It-or-Lose-It Policy
The state of Hawaii has no statute governing the policy.
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it. See Casumpang v. ILWU, Local 142, 108 Haw. 411, 121 P.3d 391 (Haw. 2005); Lim v. Motor Supply, LTD, 45 Haw. 111, 364 P.2d 38 (1961).
- Payment of Accrued Vacation on Termination
Whether an employer must pay for any unused vacation time depends on the terms of any express agreement between the employer and employee or uniform custom (Casumpang v. ILWU Local, 121 P.3d 391, 401 (Haw. 2005)).
No federal or state law in Hawaii requires employers to pay out an employee’s accrued vacation, sick leave, or other paid time off (PTO) at the termination of employment.
Maternity, Paternity, FMLA
In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Hawaii has the following laws regarding Maternity and Paternity Leave:
Hawaii Family Leave Act (under the FMLA): Employers with at least 100 employees are required to provide employees four weeks of unpaid leave for parenting. Employees who worked for six consecutive months for the employer, regardless of the amount of time they work per day, are eligible for leave.
Hawaii’s Administrative Code
The Code provides job protection for an employee when taking leave due to pregnancy-related disability or childbirth. The Code also requires employers to make reasonable accommodations for employees who are temporarily disabled by pregnancy and childbirth, so they can continue to perform work.
The Code requires all employers, regardless of size, to provide employees with leave. This applies to employees who are temporarily unable to work due to pregnancy, childbirth, and related conditions. Duration of leave is determined by the employee’s physician.
If both parents work for the same company, the employer is allowed to cap the total amount of FMLA leave of 12 weeks provided for both parents. This rule does not apply to Hawaii FLA. Hawaii law provides each spouse with four weeks off from work.
Hawaii’s Temporary Disability Insurance (TDI) Program provides the eligible employees with partial pay during their leave due to a temporary disability caused by pregnancy or childbirth.
If paid leave is less than four weeks, the additional period of leave may be unpaid. Employees may decide to substitute any of their accrued paid leaves (sick, vacation, personal, or family leave) for any part of the four-week period.
Jury Duty Leave
An employer may not discharge, penalize, threaten, or otherwise coerce an employee who receives and/or responds to a jury summons or who serves on a jury. Haw. Rev. Stat. 612-25
The employer is not required to pay employees during their leave.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Employers are required to provide up to two hours of paid leave for the employees to perform their voting duty. If the employee spends his or her time provided for voting otherwise than permitted, the employer is not required to pay that time.
Haw. Rev. Stat. § 121-43
Employees serving in the state national guard have the same leave and reinstatement rights and benefits guaranteed under USERRA.
Hawaii law provides members of the National Guard with unlimited unpaid military leave, job protection, reemployment, and protection against discrimination.