There is no Hawaii sick leave law for private employers: no Hawaii law requires paid sick leave; the employer’s own policy or a union contract controls, and the federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers of 50 or more. This guide gives the exact hawaii sick leave law rule with the date we verified it, the statute, and what to do next.
Rules verified against Hawaii Department of Labor and Industrial Relations, Wage Standards Division on 2026-10-08; confirm the current rule with Hawaii Department of Labor and Industrial Relations, Wage Standards Division or an attorney before you rely on it.
Hawaii Sick Leave Law at a Glance
| Law | No state paid-sick-leave mandate |
| What applies instead | The employer’s policy; the federal FMLA (unpaid, employers of 50 or more) |
| Statute | No statute |
In This Hawaii Sick Leave Law Guide:
Hawaii Sick Leave Law: The Rule
No Hawaii law requires paid sick leave; the employer’s own policy or a union contract controls, and the federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers of 50 or more. Many employers offer sick days anyway; once promised in a written policy, they are enforceable as part of your pay.
What Hawaii Sick Leave Law Lets You Use Leave For
Hawaii does not generally require private employers to provide paid sick leave. The Hawaii Family Leave Law (HRS Chapter 398) gives eligible workers job-protected leave for the birth or adoption of a child, or to care for a covered family member with a serious health condition. If the employer offers paid sick leave, the worker may generally use some of it during family leave.
Victims of domestic or sexual violence may take protected safe leave under HRS Chapter 378. Leave for your own illness is not covered by Chapter 398, but you may qualify for Temporary Disability Insurance (HRS Chapter 392) or federal FMLA.
Hawaii Sick Leave Law at a Glance
Rules verified against Hawaii Department of Labor and Industrial Relations, Wage Standards Division on 2026-10-08; confirm the current rule with Hawaii Department of Labor and Industrial Relations, Wage Standards Division or an attorney before you rely on it. The statute row is where to check it yourself.
| Law | No state paid-sick-leave mandate |
| What applies instead | The employer’s policy; the federal FMLA (unpaid, employers of 50 or more) |
| Statute | No statute |
Accrual, Caps and Carryover Under Hawaii Sick Leave Law
For leave that can be foreseen, the state generally requires the worker to give the employer reasonable advance notice. The employer may ask for a certification from a health care provider confirming the family member’s serious health condition. For safe leave, the employer may ask for reasonable proof, such as a police report or a court record.
Paid or Unpaid Under Hawaii Sick Leave Law
Unpaid unless the employer promises pay; the FMLA is unpaid by design.
Hawaii Sick Leave Law and Retaliation
Hawaii law bars employers from firing, disciplining, or otherwise discriminating against a worker for asking for or taking family leave, or for filing a complaint. A worker who believes this happened can file a complaint with the Department of Labor and Industrial Relations, so confirm the filing window with the agency.
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Local Rules and Hawaii Sick Leave Law
Some cities add their own paid-leave ordinance on top of state law; the more generous rule applies.
Other Hawaii Sick Leave Law Rules to Know
Hawaii is one of the few states with mandatory Temporary Disability Insurance (HRS Chapter 392). It partly replaces wages for workers who cannot work because of an illness or injury that did not happen on the job. TDI pays benefits but does not protect your job. Hawaii’s family leave law has its own employer-size and length-of-service requirements, which are separate from federal FMLA. Workers may be covered by both laws.
Denied the leave you earned? The labor department enforces the sick-leave law for free.
Contact Hawaii Department of Labor and Industrial Relations, Wage Standards Division
Hawaii — the bottom line
- The hawaii sick leave law does not exist for private employers — the handbook and the federal FMLA are the rules.
- Under the hawaii sick leave law promised sick days in a written policy are still enforceable pay.
- The hawaii sick leave law question is answered by your employer policy, not the statute book.
Frequently Asked Questions
Is paid sick leave required in Hawaii?
No. Hawaii has no paid-sick-leave mandate for private employers.
How much sick leave do I get under Hawaii sick leave law?
Whatever the employer’s policy provides.
Which employers are covered by the Hawaii sick leave law?
No employer is required to provide it.
Can I be fired for using sick leave in Hawaii?
Hawaii law bars employers from firing, disciplining, or otherwise discriminating against a worker for asking for or taking family leave, or for filing a complaint.
When did the Hawaii sick leave law take effect?
There is no such law.
Official Hawaii Sources & Resources
- Hawaii Department of Labor and Industrial Relations, Wage Standards Division: https://labor.hawaii.gov/wsd/
- Hawaii statute: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0398/HRS_0398-0001.htm
- Verified source: https://marketingpreview.mercer.com/content/dam/mercer-dotcom/migrated-assets/blogs/law-and-policy/2025/07/pdf-2025-roundup-state-accrued-paid-leave-mandates.pdf
- Verified source: https://www.ep.com/legal-and-compliance/sick-and-paid-leave-laws-update/
- Verified source: https://www.hubinternational.com/en-us/hub-resources/absence-management-bulletins/2025/11/2025-2026-state-leave-law-updates/
- Verified source: https://www.postercompliance.com/blog/paid-sick-leave-laws-by-state/
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This hawaii sick leave law guide was last verified against official Hawaii sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Hawaii Workplace Rights Guides
- Hawaii PTO Laws: Is Unused Vacation Paid Out?
- Hawaii Break Laws: Meal and Rest Breaks
- Hawaii Labor Laws: Every Rule in One Place
- Hawaii Unemployment Eligibility: Who Qualifies
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.