Hawaii Leave Laws




Vacation Leave

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 written notice of the terms of its vacation policy. Haw. Rev. Stat. 388-7.

An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment. 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).

An employer may lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they are terminated. 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).

An employer may also lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they fail to comply with specific requirements, such as giving two weeks notice or being employed as of a specific date of the year. 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).



An employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires 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).

An employer is not required to pay accrued vacation leave upon separation from employment if the employer’s established policy or employment contract is silent on the matter. 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).

An employer may cap the amount of vacation leave an employee may accrue over time. 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).

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).



Sick Leave

Hawaii law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer choose to provide employees with sick leave benefits, the employer must provide employees written notice of the terms of the policy. Haw. Rev. Stat. 388-7. An employee may be entitled to unpaid sick leave under Hawaii’s Family Leave Law. An employer in Hawaii may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.



Holiday Leave

Hawaii law does not require private employers to provide employees with either paid or unpaid holiday leave. In Hawaii, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

State holidays

Visit our Hawaii State Holidays page for a list of holidays recognized and observed by the state of Hawaii as well as information regarding state laws governing holiday leave for public employers and employees.



Jury Duty Leave

An employer is not required to pay an employee for responding to a jury summons or serving on a jury. Hawaii State Judiciary FAQ

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



Voting Leave

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.

An employer who fails to grant the required voting leave may be subject to a fine of not less than $50 nor more than $300 recoverable through civil action.

Haw. Rev. Stat. 11-95



Bereavement Leave

Hawaii law does not require employers to provide employees bereavement leave or leave to attend funerals. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employers may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice they maintain.