Hawaii offers unique leave laws and holidays that balance employee rights with business needs, creating a supportive work environment. In 2025, Hawaii leave laws continue to uphold the state’s progressive stance on paid time off, family leave, and observance of state-specific holidays. With the Day Off app, staying on top of these policies becomes even easier for both employers and employees. This guide will explore the key aspects of Hawaii leave laws, including paid time off, family and medical leave, jury duty, and public holidays, helping you stay informed and prepared throughout the year.
Paid Time Off (PTO) in Hawaii
Leave Quota
Hawaii leave laws does not have a state-mandated minimum amount of PTO that must be provided to employees, allowing businesses the flexibility to set their own policies. However, many employers in Hawaii offer PTO as part of competitive benefits packages, with common practices including:
- Entry-level employees often receive around 10-15 days of PTO per year.
- Mid-level employees may receive between 15-20 days, depending on their position and tenure.
- Senior-level or long-term employees might be granted up to 25-30 days per year, recognizing their experience and commitment to the organization.
Leave quotas are typically established in company handbooks or employment agreements, and may include a combination of vacation days, sick leave, and personal days.
Rückstellung
PTO in Hawaii is commonly accrued throughout the year. Accrual systems vary but usually follow these models:
- Hourly Accrual: Employees earn PTO based on the number of hours worked. For example, an employee may earn 1 hour of PTO for every 30-40 hours worked.
- Pay Period Accrual: Employees earn a set amount of PTO each pay period. For example, an employee might accrue 5 hours of PTO every two weeks.
- Annual Accrual: Some employers choose to credit employees with a full year’s worth of PTO upfront, though this is less common.
Employers in Hawaii generally specify when accrued PTO can be used. Some may require employees to complete a probationary period (e.g., 90 days) before being eligible to use their PTO. In addition, companies can offer different accrual rates depending on an employee’s years of service, providing higher rates for longer tenured employees.
Rollover
Hawaii leave laws does not require employers to allow employees to roll over unused PTO from one year to the next. However, many businesses voluntarily offer rollover policies. These rollover policies often come in two main forms:
- Unlimited Rollover: Some companies allow employees to roll over all unused PTO from one year to the next, ensuring that employees retain the full amount of unused leave. This practice, while generous, is uncommon.
- Capped Rollover: More commonly, companies set a cap on the amount of PTO that can be carried over into the next year. For instance, an employer may allow employees to roll over up to 40 hours of unused PTO, but any additional accrued time beyond that limit may be forfeited.
Some businesses also use a “use-it-or-lose-it” policy, requiring employees to use their accrued PTO within a specified time frame or lose it at the end of the year. These policies must be clearly communicated to employees, and it is common for companies to provide reminders as the year-end approaches.
Payment of Accrued, Unused Vacation on Termination
Hawaii leave laws governs the payment of accrued, unused vacation time upon termination of employment. The payment of unused PTO depends largely on the employer’s policy or employment contract:
- Contractual Obligation: If an employment contract or company policy states that accrued vacation must be paid out upon termination, then the employer is legally bound to honor that agreement. Employees should be paid for the unused vacation at their final rate of pay.
- No Obligation Without Policy: If there is no company policy or contractual agreement requiring the payout of unused vacation time, Hawaii law does not obligate employers to pay it out when an employee leaves the company. In this case, employees may lose their unused PTO unless explicitly stated otherwise.
Employers must also adhere to Hawaii’s final paycheck laws, which require that all earned wages, including any owed vacation pay, must be paid by the next regular payday or within seven days, whichever is sooner, following an employee’s termination.
Best Practices for Employers
To ensure compliance and foster transparency, employers in Hawaii are encouraged to:
- Clearly Outline PTO Policies in employee handbooks, specifying accrual rates, rollover limits, and the conditions for payout of unused leave.
- Communicate PTO Balances regularly, ensuring that employees are aware of their available leave and any approaching deadlines to use accrued time.
- Document PTO Usage and rollover caps in payroll systems to avoid any confusion or disputes over available leave balances, especially in cases of termination.
Sick Leave in Hawaii
Federal Laws – Leave Quota
At the federal level, the Family and Medical Leave Act (FMLA) applies to sick leave under specific conditions. The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period for serious health conditions, family caregiving, or the birth/adoption of a child. Here’s how FMLA applies to sick leave:
- Eligibility: Employees must have worked for a covered employer for at least 12 months and have worked at least 1,250 hours during that period. FMLA covers companies with 50 or more employees within a 75-mile radius.
- Leave Coverage: FMLA allows employees to take time off for their own serious health condition, which can include chronic illnesses, inpatient care, or any condition requiring ongoing treatment.
- Job Protection: While FMLA provides unpaid leave, it guarantees that employees can return to the same or an equivalent job after their leave. Employers must also continue providing group health insurance benefits during the leave period.
FMLA sets the federal standard for unpaid sick leave, ensuring that employees can take time off for serious health conditions without fear of job loss. However, it does not mandate paid sick leave, which is where state laws come into play.
State Laws – Leave Quota
Hawaii goes beyond federal requirements by providing more robust sick leave benefits through the Hawaii Temporary Disability Insurance (TDI) program and Hawaii’s Paid Sick Leave Law.
Hawaii Temporary Disability Insurance (TDI)
Hawaii’s TDI law requires employers to provide partial wage replacement to employees who are unable to work due to a non-work-related illness or injury. This program ensures that employees have some financial support during periods of illness. Key details include:
- Eligibility: Employees must have worked at least 14 weeks for the employer, earning a minimum of $400 in the 52 weeks prior to the disability, and worked at least 20 hours per week.
- Leave Coverage: TDI provides up to 26 weeks of partial wage replacement for employees who are medically certified as unable to work. Employees typically receive 58% of their average weekly wages, subject to a weekly cap.
- Job Protection: While TDI provides financial support, it does not offer job protection, so employees often rely on FMLA or other employer-provided benefits for job security during extended sick leave.
Hawaii Paid Sick Leave Law
In addition to TDI, Hawaii’s Paid Sick Leave Law mandates that employers provide a certain amount of paid sick leave to employees. While Hawaii does not have a uniform statewide paid sick leave law for all private sector employees, many employers provide paid sick leave as part of their benefits package, and specific sectors, such as government workers, have their own rules. However, employers with collective bargaining agreements or large companies often establish their own sick leave quotas:
- Leave Accrual: Employers typically offer 1 hour of paid sick leave for every 40 hours worked, allowing employees to accumulate paid time off for illnesses. The accrual rate and total leave available may vary depending on the employer’s policies.
- Usage: Paid sick leave can be used for an employee’s own illness, medical appointments, or to care for a family member who is ill. Hawaii’s definition of family is inclusive, covering a wide range of relatives.
- Rollover and Cap: Some employers allow unused sick leave to roll over into the following year, while others cap the total amount of sick leave that can be accrued. For example, employees may be able to roll over up to 40 hours of unused sick leave, but there may be a maximum cap of 80 hours of sick leave available at any given time.
Maternity, Paternity, FMLA in Hawaii
Federal Laws
The primary federal law governing maternity and paternity leave in Hawaii and across the U.S. is the Family and Medical Leave Act (FMLA). Here’s how FMLA applies to new parents:
Family and Medical Leave Act (FMLA)
The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period for various family and medical reasons, including:
- The birth of a child and care for the newborn.
- The adoption or foster care placement of a child.
- Serious health conditions related to pregnancy or childbirth recovery.
Key Features of FMLA:
- Eligibility: To qualify for FMLA leave, an employee must have worked for their employer for at least 12 months, completed at least 1,250 hours of work during the 12 months preceding the leave, and work for an employer with 50 or more employees within a 75-mile radius.
- Unpaid Leave: While FMLA guarantees job protection, it does not mandate paid leave. However, employees can use accrued paid leave (such as PTO or sick leave) during their FMLA leave period if allowed by their employer’s policies.
- Job Protection: FMLA guarantees that employees can return to the same or an equivalent position with the same pay, benefits, and terms of employment after their leave. This is a crucial safeguard for working parents taking time off for maternity or paternity reasons.
FMLA provides important job protection for both mothers and fathers, ensuring they can take time off to care for their newborn or newly adopted child. However, because it does not provide paid leave, many employees rely on state laws or employer-provided benefits to receive financial support during this period.
Additional State Laws
Hawaii goes beyond the protections of federal FMLA by offering additional benefits to ensure financial support for employees during maternity and paternity leave. These state-specific laws include the Hawaii Family Leave Law (HFLL) and the Hawaii Temporary Disability Insurance (TDI) program.
Hawaii Family Leave Law (HFLL)
The Hawaii Family Leave Law (HFLL) complements the FMLA by providing eligible employees with up to 4 weeks of unpaid leave per calendar year for the birth or adoption of a child or to care for a seriously ill family member. HFLL differs from FMLA in the following ways:
- Smaller Employers Covered: HFLL applies to companies with at least 100 employees, which helps cover some employees who may not be eligible under the FMLA’s 50-employee threshold.
- Family Definition: HFLL has a broader definition of family than FMLA, allowing leave to be taken not just for a child but also for care of a parent, spouse, or reciprocal beneficiary with a serious health condition.
HFLL leave can be taken in addition to FMLA leave, giving employees the possibility of extending their job-protected leave beyond the federally mandated 12 weeks, especially for employees caring for a newborn or newly adopted child.
Hawaii Temporary Disability Insurance (TDI)
Hawaii’s Temporary Disability Insurance (TDI) program provides partial wage replacement for employees who are temporarily disabled due to pregnancy or childbirth. Under TDI, employees can receive financial support during the period they are physically unable to work due to pregnancy or postpartum recovery. Key aspects of TDI include:
- Eligibility: Employees must have worked for their employer for at least 14 weeks, earning at least $400 in the past year, and working at least 20 hours per week.
- Coverage: TDI provides up to 26 weeks of partial wage replacement for pregnancy-related disability. This can cover both pre-birth medical conditions (such as bed rest) and post-birth recovery.
- Wage Replacement: Typically, TDI pays 58% of an employee’s average weekly wages, with a weekly maximum cap set by law.
TDI allows mothers to receive partial wage replacement while recovering from childbirth, providing financial security during this crucial period. This benefit can be used alongside FMLA and HFLL, helping to mitigate the financial impact of unpaid federal and state leave.
Paternity Leave
While FMLA and HFLL both apply to fathers and allow them to take leave for the birth or adoption of a child, Hawaii’s TDI program does not extend to paternity leave as it is specifically for pregnancy-related disability. Fathers, however, can utilize unpaid FMLA and HFLL leave to care for a newborn or newly adopted child. Some employers in Hawaii also offer paid paternity leave as part of their benefits package, though this is not required by law.
Bereavement Leave in Hawaii
In 2025, Bereavement Leave in Hawaii leave laws is not mandated by state law, meaning that employers are not legally required to provide paid or unpaid time off for employees to grieve the loss of a loved one. However, many companies in Hawaii offer bereavement leave as part of their benefits packages, typically allowing employees to take 3 to 5 days off following the death of an immediate family member, such as a spouse, child, parent, or sibling. The specifics of bereavement leave, including whether it is paid or unpaid, are usually determined by company policies or individual employment contracts. Some employers may also allow employees to use accrued paid time off (PTO) or sick leave for additional days if more time is needed to handle personal matters related to a family member’s passing.
Jury Duty Leave in Hawaii
In 2025, Jury Duty Leave in Hawaii leave laws is protected by state law, ensuring that employees are allowed time off to fulfill their civic duty when called for jury service. Employers in Hawaii are required to provide unpaid leave for employees summoned to jury duty, and they are prohibited from retaliating or penalizing employees for serving. While the law mandates that the leave be unpaid, some employers may choose to offer paid leave for jury duty as part of their company policies. Additionally, employees must inform their employer of their jury duty obligations in a timely manner. Upon completing their service, employees are entitled to return to their same position or an equivalent one without any adverse effects on their employment status.
Military Leave in Hawaii
In 2025, Military Leave in Hawaii leave laws is governed by both federal and state laws, ensuring that employees who serve in the military are granted job protection and time off for service commitments. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees are entitled to take leave for military duties, including training, active duty, and deployments, with the guarantee that they will return to their same or a similar position upon completing their service. Additionally, Hawaii state law enhances these protections, particularly for public employees, by providing up to 15 days of paid military leave per year for training or active duty. Employers are prohibited from discriminating against employees for their military service, and reemployment rights ensure that employees retain seniority and benefits as if they had been continuously employed. This legal framework offers strong protections for members of the military, ensuring their civilian jobs are secure while they serve.
Voting Leave in Hawaii
In 2025, Voting Leave in Hawaii is protected by state law, ensuring that employees have the opportunity to vote in elections without facing penalties from their employer. Hawaii law requires that employees be granted up to two consecutive hours of paid leave to vote if their work schedule does not provide sufficient time outside of working hours to do so. Employees must notify their employer prior to Election Day if they require time off to vote, and employers cannot deduct pay or retaliate against employees for exercising this right. This law is in place to encourage civic participation and ensure that all eligible voters have the opportunity to cast their ballots without work-related barriers.
Hawaii State Holidays in 2025
In 2025, Hawaii recognizes several state holidays that reflect both national observances and unique aspects of the state’s cultural heritage.
Holiday
New Year’s Day
Dr. Martin Luther King Jr. Day
Presidents’ Day
Prince Kuhio Day
Good Friday
Memorial Day
Kamehameha Day
Independence Day
Statehood Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
Date
January 1, 2025 (Wednesday)
January 20, 2025 (Monday)
February 17, 2025 (Monday)
March 26, 2025 (Wednesday)
April 18, 2025 (Friday)
May 26, 2025 (Monday)
June 11, 2025 (Wednesday)
July 4, 2025 (Friday)
August 15, 2025 (Friday)
September 1, 2025 (Monday)
November 11, 2025 (Tuesday)
November 27, 2025 (Thursday)
December 25, 2025 (Thursday)