Hawaii Leave Laws
Hawaii’s leave framework is different from states with broad paid family leave programs. Hawaii does not have a broad statewide paid family leave program for bonding or family caregiving, and Hawaii does not require private employers to provide general paid vacation or paid sick leave. If an employer provides vacation or sick leave, the employer’s policy generally governs how it is earned and used.
Hawaii’s primary state leave programs include the Hawaii Family Leave Law, Temporary Disability Insurance, pregnancy disability protections, domestic or sexual violence victim leave, organ and bone marrow donor leave, voting leave, and jury duty protections. Hawaii Family Leave provides unpaid family leave, while Hawaii Temporary Disability Insurance provides wage replacement for an employee’s own non-work-related disability.
Hawaii Leave Laws
Hawaii’s leave framework is different from states with broad paid family leave programs. Hawaii does not have a broad statewide paid family leave program for bonding or family caregiving, and Hawaii does not require private employers to provide general paid vacation or paid sick leave. If an employer provides vacation or sick leave, the employer’s policy generally governs how it is earned and used.
Hawaii’s primary state leave programs include the Hawaii Family Leave Law, Temporary Disability Insurance, pregnancy disability protections, domestic or sexual violence victim leave, organ and bone marrow donor leave, voting leave, and jury duty protections. Hawaii Family Leave provides unpaid family leave, while Hawaii Temporary Disability Insurance provides wage replacement for an employee’s own non-work-related disability.
State Leave Summary
| Field | State-Specific Summary |
| State | Hawaii |
| Primary Leave Agencies | Hawaii Department of Labor and Industrial Relations; Hawaii Wage Standards Division; Hawaii Disability Compensation Division; Hawaii Civil Rights Commission; Hawaii Office of Elections; Hawaii courts |
| Main Leave Categories | Hawaii Family Leave Law, Temporary Disability Insurance, pregnancy disability / reasonable accommodation, domestic or sexual violence leave, organ and bone marrow donor leave, voting leave, jury duty leave |
| Federal Interaction | Hawaii Family Leave may overlap with federal FMLA when both apply, but Hawaii Family Leave has its own family-care and bonding structure. Hawaii TDI provides wage replacement for an employee’s own disability and should be evaluated separately from job protection under FMLA, pregnancy disability protections, or other laws. |
Job Protected Entitlements
| Leave Type | HI Law/ Program | Job Protected | Paid Leave | Covered Employers | Employee Eligibility | Duration |
| Family Leave | Hawaii Family Leave Law | Yes | Generally unpaid; accrued paid leave may be used for family leave purposes | Hawaii employers covered by HFLL | Employee qualifies under HFLL rules | Up to 4 weeks of unpaid family leave each calendar year for birth/adoption or to care for a child, spouse, reciprocal beneficiary, sibling, grandchild, or parent with a serious health condition |
| Pregnancy Disability Leave | Hawaii pregnancy disability protections | Yes / protected accommodation and reinstatement rights | TDI may provide wage replacement if disability criteria are met | Employers covered by Hawaii civil rights / pregnancy disability rules | Employee disabled by pregnancy, childbirth, or related medical condition | Duration depends on disability and reasonable accommodation analysis; reinstatement to original or comparable position is required after covered pregnancy-related leave |
Paid Benefit Programs
| Leave Type | HI Law/ Program | Job Protected | Paid Leave | Administered By | Eligibility Basis | Duration |
| Temporary Disability Insurance | Hawaii TDI | No, not by itself | Yes | Hawaii Disability Compensation Division / DLIR | Employee must meet Hawaii employment and earnings eligibility requirements | Wage replacement for qualifying non-work-related illness, injury, or pregnancy disability; eligibility generally requires at least 14 weeks of Hawaii employment with 20+ hours and at least $400 earned in the 52 weeks before disability |
| Employer Sick Leave Used for Family Leave | Hawaii Family Leave Law / employer policy | Protected use when used for HFLL family leave purposes | Paid only if employee has accrued and available sick leave | Employer-administered | Employee has accrued and available sick leave under employer policy | Amount depends on available sick leave and HFLL rules; accrued sick leave may be used for family leave purposes, including birth or adoption |
Job-Protected Leave Entitlement Descriptions
These laws create a protected right to take time away from work and generally require the employer to preserve employment rights, restore the employee to the same or comparable position, or otherwise avoid interference or retaliation.
Hawaii Family Leave Law
Hawaii Family Leave provides up to 4 weeks of unpaid family leave each calendar year for qualifying family reasons, including the birth or adoption of a child or care for certain family members with a serious health condition. Hawaii guidance also states that accrued and available sick leave may be used for family leave purposes, including birth or adoption.
Hawaii Temporary Disability Insurance
Hawaii TDI provides wage replacement when an employee is unable to work because of a non-work-related illness, injury, or pregnancy-related disability. It answers the wage replacement question, not necessarily the full job-protection question. Eligibility generally requires a minimum amount of Hawaii employment, hours, and earnings before the disability period.
Pregnancy Disability and Accommodation
Hawaii pregnancy-related leave may involve TDI wage replacement, civil rights accommodation duties, and reinstatement protections. Hawaii rules provide that an employee who takes leave due to pregnancy or related medical conditions must be reinstated to the original job or a comparable position without loss of accumulated service credits and privileges.
*State Leave Law Summaries are for informational purposes only and are subject to change. To the extent possible, we will update these leave laws as and when States update their policies. However, there may be a time lag. Further, for specific applicability with a personal situation, Qcera advises contacting your employer’s HR department for support.