Hawaii Employment Law

In Hawaii, paid vacation is not required by law. Under Section 388-7(3), Hawaii Revised Statutes, of the Payment of Wages and Other Compensation Law, employers that provide vacation leave benefits must make their policies available to employees in writing or through a notice posted in a place accessible to the employees.

The employer’s policy determines the criteria to earn and use these benefits. An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment.

An employer may implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it.

An employer is required to pay an accrued vacation to an employee upon separation from employment if its policy or contract requires it. An employer may cap the amount of vacation leave an employee may accrue over time.

An employer employing fifty or more employees shall allow an employee to take up to 30 days of unpaid victim leave from work per calendar year, or an employer employing not more than forty-nine employees shall allow an employee to take up to 5 days of unpaid leave from work per the calendar year if the employee or the employee’s minor child is a victim of domestic or sexual violence; provided the leave is to either:

• Seek medical attention for the employee or employee’s minor child to recover from physical or psychological injury or disability caused by domestic or sexual violence; or
• Obtain services from a victim services organization; or
• Obtain psychological or other counseling; or
• Temporarily or permanently relocate; or
• Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic or sexual violence, or other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee’s minor child or to enhance the safety of those who associate with or work with the employee.

Covered Employer – Employs 100 or more employees within the state for each working day during 20 or more calendar weeks in the current or preceding calendar year. The employee must have at least six months of consecutive employment. A total of four weeks of unpaid leave is available during any calendar year.

An employee is not entitled to more than 4 weeks of leave in any twelve-month period. Leave is not cumulative from year to year. The family leave shall consist of unpaid leave, paid leave, or a combination of paid and unpaid leave. If an employer provides paid family leave for fewer than four weeks, the additional period of leave added to attain the four-week total may be unpaid.

Reasons – Birth of the employee’s child, or the adoption of a child, or to care for an employee’s child, spouse or reciprocal beneficiary, or parent with a serious health condition. Leave for the employee’s own serious health condition is not covered.

In any case, in which the necessity for family leave for purposes of birth or adoption of a child or providing care to a child, spouse, reciprocal beneficiary, sibling, or parent is foreseeable, the employee shall provide the employer with prior notice of the expected birth or adoption or serious health condition in a manner that is reasonable and practicable.

State or county employees are allowed up to 30 days of paid leave for organ donation. (§78-23.6).

Private employers with 50+ employees must offer up to 30 days of paid leave for organ donation. Donors can be required to take unused leave as a condition of this benefit. This benefit cannot be used concurrently with the Family and Medical Leave Act. (SB1233).

Every employee of a private employer who is a member of the national guard shall be entitled to absent oneself from the employee’s employment duties while engaged in the performance of ordered national guard service and while going to and returning from such service.

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.

Hawaii law requires employers to allow employees to take sufficient paid leave up to two (2) hours so that they have two (2) consecutive hours before the beginning or after the ending of their shift to vote. The paid time off cannot include lunches or breaks. An employer is not required to grant an employee leave to vote if he or she has a period of two (2) consecutive hours before the beginning or after the ending of his or her shift in which the polls are open for voting. An employer is not required to pay an employee for voting leave if the employee fails to vote. An employee can present a voter’s receipt as proof of voting.