Hawaii Leave Laws Mandates

Hawaii’s leave laws offer comprehensive leave laws, combining federal standards with state-specific programs tailored to the local workforce. The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave each year for major life events, including personal health conditions.

FMLA also requires employees to work for an employer with at least 50 employees for at least 12 months and have logged 1,250 hours in the prior year. Hawaii supplements these federal rights with its own Hawaii Family Leave Law (HFLL) and Temporary Disability Insurance (TDI) program.

Hawaii Sick Leave Law

Hawaii does not require private employers to provide paid sick leave. However, if an employer offers sick leave, the policy must be available in writing or posted for employees. The employer’s policy determines the accrual, use, and payout of sick leave. Public sector employees and certain unionized workers may have sick leave benefits through collective bargaining or agency rules.

Hawaii Paid Time Off (PTO) Law

There is no state law mandating general paid time off or vacation leave for private sector employees. Employers who choose to offer PTO or vacation must communicate their policies in writing and follow their own rules regarding accrual, use, and payout at separation. State employees and unionized workers may have PTO rights under agency or union contracts.

Hawaii FMLA Law

The federal FMLA applies to employers with 50 or more employees. Eligible employees may take up to 12 weeks of unpaid, job-protected leave for their own serious health condition, to care for a family member, for the birth or adoption of a child, or for certain military family needs. Employees must provide reasonable advance notice and medical certification or proof of family relationships. FMLA leave is unpaid; however, employees may use accrued paid leave concurrently if permitted by their employer’s policy.

Hawaii Family Leave Law (HFLL)

HFLL provides up to four weeks of unpaid, job-protected leave per calendar year for the birth or adoption of a child, or to care for a child, spouse, reciprocal beneficiary, sibling, or parent with a serious health condition. To apply, employees must have worked for at least six consecutive months for an employer with 100 or more employees. They may use accrued paid leave (such as vacation or sick leave) for family leave but must retain at least 15 days of accrued sick leave for their use. HFLL leave runs concurrently with FMLA if both apply.

Hawaii Temporary Disability Insurance (TDI)

The TDI program requires employers to provide partial wage replacement for employees who are unable to work due to non-work-related illnesses or injuries, including pregnancy and childbirth. To qualify, employees must have worked at least 14 weeks in Hawaii, 20 or more hours per week, and earned at least $400 in the 52 weeks before the disability. TDI benefits can last up to 26 weeks, with a weekly maximum benefit of $837 in 2025.

Hawaii Bereavement Leave Law

Hawaii does not require private employers to provide bereavement leave. Any such leave is at the employer’s discretion, though public sector employees may use accrued sick leave for bereavement purposes under agency policy.

Hawaii Parental and Maternity Leave Law

Both FMLA and HFLL govern parental and maternity leave in Hawaii. Employees may take up to 12 weeks of unpaid, job-protected leave under FMLA, and up to four weeks under HFLL, for the birth or adoption of a child. TDI provides partial wage replacement for pregnancy and childbirth-related disabilities, typically covering six weeks for a vaginal birth or eight weeks for a cesarean section, with medical certification required.

Hawaii Leave Types, Eligibility and Duration