Sick Leave for Hawaii Employees: What You Need to Know in 2025
Ever woken up in Honolulu with a fever that makes Diamond Head look fuzzy, or caught a cold that even the healing ocean breeze can't cure? Whether you're working in Waikiki's tourism industry, teaching in Maui, or running a small business in Hilo, understanding Hawaii's approach to sick leave is as essential as knowing how to navigate island life.
Key Objectives:
Here's what makes Hawaii unique: Much like our aloha spirit, our state takes care of its people. Hawaii was actually one of the first states in the nation to require employers to provide health insurance to employees who work 20 or more hours per week - a law known as the Prepaid Health Care Act.
When it comes to sick leave, though, our approach is as varied as our island landscapes.
Think of Hawaii's sick leave policies like our weather patterns - they can differ significantly from one area to another. While the state doesn't require private employers to provide paid sick leave specifically, many businesses choose to offer it. After all, they understand that, like the delicate balance of our ecosystem, a healthy workforce is essential to a thriving community.
As of 2025, Hawaii does not mandate private-sector employers to provide paid sick leave. However, several state and federal provisions offer protections and benefits to employees requiring time off for health-related reasons. This guide outlines the key aspects of sick leave for Hawaii employees in 2025.
Hawaii's Sick Leave Policies
Private-Sector Employees
Hawaii law does not require private employers to offer paid or unpaid sick leave. Employers who choose to provide such benefits must clearly communicate their policies to employees, either in writing or by posting notices in accessible areas.
Public-Sector Employees
Public-sector employees, including state workers, may have specific sick leave provisions outlined in their employment agreements or collective bargaining agreements. These policies can vary and are typically more structured than those in the private sector.
Hawaii Family Leave Law (HFLL)
The Hawaii Family Leave Law (HFLL) provides eligible employees with up to four weeks of unpaid, job-protected leave per calendar year for certain family-related reasons.
Eligibility Criteria
- Employer Size: Applies to employers with 100 or more employees.
- Employee Tenure: Employees must have worked for at least six consecutive months.
Qualifying Reasons for Leave
- Birth or Adoption: Caring for a newborn or newly adopted child.
- Family Care: Caring for a family member with a serious health condition.
While HFLL does not mandate paid leave, employees may use accrued paid leave, such as vacation or sick leave, during this period if permitted by their employer's policies.
Temporary Disability Insurance (TDI)
Hawaii requires employers to provide Temporary Disability Insurance (TDI), offering partial wage replacement to employees unable to work due to non-work-related illness or injury.
Key Features of TDI
- 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.
- Benefits: Provides up to 26 weeks of partial wage replacement, typically at 58% of the employee's average weekly wages, subject to a weekly cap.
- Job Protection: TDI offers financial support but does not guarantee job protection; employees may need to rely on HFLL or FMLA for job security during extended absences.
Federal Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law providing eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.
Eligibility Criteria
- Employer Size: Applies to employers with 50 or more employees within a 75-mile radius.
- Employee Tenure: Employees must have worked for the employer for at least 12 months and have logged at least 1,250 hours in the previous year.
Qualifying Reasons for Leave
- Personal Health: Serious health condition preventing the employee from performing their job.
- Family Care: Caring for a spouse, child, or parent with a serious health condition.
- Parental Leave: Birth, adoption, or foster care placement of a child.
- Military Exigencies: Certain situations arising from a family member's active-duty military service.
FMLA ensures continuation of health insurance coverage under the same terms as if the employee were working.
Employer Best Practices
Even in the absence of a state-mandated paid sick leave requirement, many Hawaii employers choose to offer sick leave benefits to support employee well-being and maintain a healthy workforce. Employers should:
- Clearly Communicate Policies: Provide written documentation of leave policies, including accrual rates, usage guidelines, and any limitations.
- Ensure Compliance: Adhere to state and federal laws, such as HFLL, TDI, and FMLA, where applicable.
- Promote a Healthy Workplace: Encourage employees to utilize sick leave when necessary to prevent the spread of illness and maintain productivity.
Employee Rights and Responsibilities
Employees should:
- Understand Eligibility: Familiarize themselves with the criteria for HFLL, TDI, and FMLA to determine applicable benefits.
- Follow Employer Policies: Adhere to their employer's procedures for requesting leave, including providing necessary documentation.
- Communicate Effectively: Maintain open communication with their employer regarding leave needs and anticipated return dates.
Frequently Asked Questions
- Who is eligible for sick leave in Hawaii?
- In Hawaii, employees working for an employer with 100 or more employees are entitled to paid sick leave. Employees working for smaller employers (fewer than 100 employees) may be entitled to unpaid sick leave under state law. Additionally, employees working for at least 6 months are eligible for paid sick leave.
- How much sick leave am I entitled to in Hawaii?
- Employees are entitled to at least 1 hour of paid sick leave for every 40 hours worked. The total amount of sick leave an employee can accumulate is up to 40 hours per year.
- Can sick leave be used for family members in Hawaii?
- Yes, under Hawaii's sick leave laws, employees can use sick leave to care for themselves or a family member, including children, spouses, or parents who are ill.
- Can my employer ask for proof of illness?
- Yes, employers may require proof of illness or a medical certificate if an employee takes sick leave for 3 or more consecutive days. This helps ensure the sick leave is being used for legitimate reasons.
- Do I accumulate sick leave if I work part-time?
- Yes, part-time employees are also entitled to sick leave in Hawaii. They accrue paid sick leave based on the number of hours they work, with 1 hour of sick leave for every 40 hours worked.
- Can unused sick leave roll over to the next year in Hawaii?
- Yes, unused sick leave can roll over to the next year. However, employees cannot accumulate more than 40 hours of sick leave. Once this limit is reached, any additional accrued sick leave will not be carried over.
- What happens if I don’t use my sick leave?
- In Hawaii, sick leave is not paid out when you leave the job, and any unused hours do not convert to a cash payout. However, they can be carried over for use in future illnesses.
- Can my employer retaliate for taking sick leave?
- No, it is illegal for employers to retaliate or discriminate against employees for using their sick leave. Employees are protected from termination or adverse actions related to taking sick leave as long as it follows the law.
- Does sick leave in Hawaii cover mental health days?
- Yes, mental health days are generally covered under the sick leave law if they are considered necessary for the employee's well-being, just like physical illness.
- Are there any exceptions to Hawaii's sick leave laws?
- Some exceptions apply, such as to employees working for businesses with fewer than 100 employees or employees who are exempt from paid leave policies under certain types of contracts. Always check with your employer or a legal professional for specifics.
Final Thoughts
While Hawaii does not mandate paid sick leave for private-sector employees, a combination of state provisions like HFLL and TDI, along with federal FMLA protections, ensures that employees have access to necessary leave for health-related matters. Both employers and employees should stay informed about their rights and responsibilities to foster a supportive and compliant workplace environment.
For more detailed information, refer to the Hawaii Department of Labor and Industrial Relations and consult your employer's human resources department.
Next Steps
Just as we malama (take care of) our precious islands, it's important to take care of our workforce. Whether you're an employee trying to understand your benefits or an employer looking to create supportive policies, staying informed about sick leave rights and responsibilities is crucial.
If you're a business looking to navigate Hawaii's unique employment landscape while expanding your workforce, consider partnering with an Employer of Record (EOR) service. They can help manage your HR compliance, payroll, and benefits administration while you focus on growing your business. Learn more about EOR services and how they can simplify your employment needs at TCW Global's EOR solutions.
Remember, while Hawaii's sick leave policies might not be as structured as some mainland states, our commitment to worker wellbeing through comprehensive health insurance coverage sets us apart. Like our islands' abundant resources, taking care of our people's health is an investment that pays dividends in productivity and workplace harmony.
