Hawaii Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)
⚠️Informational only — not legal or tax advice.
Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Hawaii, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Quick Reference — Hawaii Paid Leave Snapshot
- Paid Sick Leave in Hawaii
- Paid Family & Medical Leave in Hawaii
- Maternity, Paternity & Parental Leave in Hawaii
- Federal FMLA in Hawaii
- Other Protected Leave Categories in Hawaii
- 2026 Updates & Recent Legislative Changes in Hawaii
- How to File a Leave Complaint in Hawaii
- Interstate Considerations for Remote Workers in Hawaii
- Frequently Asked Questions
- Sources & Verification Log
Introduction
Hawaii does not require private employers to provide paid sick leave by statute, but operates one of the nation’s oldest mandatory wage-replacement programs: the Temporary Disability Insurance (TDI) law, enacted in 1969, which requires nearly all employers to provide partial wage replacement for employees unable to work due to non-work-related illness, injury, or pregnancy. Hawaii also provides job-protected family leave under the Hawaii Family Leave Law (HFLL), Chapter 398, Hawaii Revised Statutes (HRS), which applies to employers with 100 or more employees and provides up to four weeks of leave per calendar year. Hawaii does not operate a state paid family and medical leave (PFML) program — multiple bills to create one have been introduced but not enacted as of March 2026. At the federal level, the Family and Medical Leave Act (FMLA) provides additional protections for eligible employees. This page compiles current requirements from the Hawaii Department of Labor and Industrial Relations (DLIR), the Hawaii Legislature, and the U.S. Department of Labor. For a broader picture of Hawaii workplace law, see the Hawaii employment law page.
Quick Reference — Hawaii Paid Leave Snapshot
| Hawaii Paid Leave Snapshot (2026) | |
|---|---|
| Category | Status |
| Mandatory Paid Sick Leave | No statewide mandate — paid sick/vacation leave not required by law |
| Governing Statute (Sick Leave) | Haw. Rev. Stat. § 388-7(3) — employer policy governs if leave is offered |
| Administering Agency | DLIR Wage Standards Division — labor.hawaii.gov/wsd |
| TDI — Mandatory Wage Replacement | Yes — required of nearly all employers under Haw. Rev. Stat. Chapter 392 |
| TDI Benefit Rate (2026) | 58% of average weekly wages |
| TDI Maximum Weekly Benefit (2026) | $871 per week |
| TDI Maximum Duration | 26 weeks per benefit year |
| TDI Employee Contribution Cap (2026) | 0.5% of weekly wages, max $7.50/week |
| Hawaii Family Leave Law (HFLL) | Yes — HRS Chapter 398; employers with 100+ employees |
| HFLL Leave Duration | Up to 4 weeks per calendar year (unpaid unless paid leave substituted) |
| HFLL Qualifying Reasons | Birth/adoption of child; care for family member with serious health condition |
| State Paid Family & Medical Leave Program | No — proposed but not enacted as of March 2026 |
| FMLA Applies | Yes (Federal baseline) |
| Information Current As Of | March 2026 |
Sources: DLIR Disability Compensation Division — labor.hawaii.gov/dcd · DLIR Wage Standards Division — labor.hawaii.gov/wsd · U.S. DOL FMLA — dol.gov/agencies/whd/fmla
Paid Sick Leave in Hawaii
Does Hawaii Require Paid Sick Leave?
Hawaii does not require private employers to provide paid sick leave. Under Haw. Rev. Stat. § 388-7(3) of the Payment of Wages and Other Compensation Law, employers that choose to provide vacation or sick leave benefits must make their policies available to employees in writing or through a conspicuously posted notice, and any changes to those policies must be communicated in writing prior to the effective date of the change. The employer’s policy determines how sick leave is earned and used. (labor.hawaii.gov/wsd/vacation-and-sick-leave/)
Hawaii instead addresses employee income during own illness or injury through the mandatory Temporary Disability Insurance (TDI) program — a wage-replacement system described in full in Section 2B below. This approach distinguishes Hawaii from states with traditional paid sick leave accrual mandates. No Hawaii municipality has enacted a local paid sick leave ordinance as of March 2026. Current bill tracking is available at capitol.hawaii.gov.
Which Employers Are Covered by TDI?
The Hawaii TDI law (Haw. Rev. Stat. Chapter 392), administered by the DLIR Disability Compensation Division, applies to nearly all private employers with employees working in Hawaii. Excluded categories include employees of the federal government, certain domestic workers, insurance agents and real estate salespersons paid solely on commission, individuals under 18 in newspaper delivery, certain family employees, student nurses, and hospital interns who have completed four years of medical school. (labor.hawaii.gov/dcd/home/about-tdi/)
Which Employees Are Eligible for TDI?
To be eligible for TDI benefits, an employee must: (1) have at least 14 weeks of Hawaii employment during which the employee was paid for 20 or more hours and earned at least $400 in the 52 weeks preceding the first day of disability (the 14 weeks need not be consecutive nor with the same employer); and (2) be in current employment immediately preceding the date of disability or have separated from employment within two weeks of the disability onset. (labor.hawaii.gov/dcd/home/about-tdi/)
TDI Benefit Amount, Caps & Coverage Methods
TDI in Hawaii is funded through employer-provided insurance rather than accrual-based leave. Employers provide TDI coverage through one of three methods: (1) purchasing an insured plan from an authorized TDI carrier; (2) adopting a self-insured plan approved by the Disability Compensation Division; or (3) a collective bargaining agreement providing sick leave benefits at least as favorable as required by TDI law.
Under the statutory (minimum) plan:
- Waiting period: 7 consecutive calendar days (benefits begin on the 8th day of disability)
- Benefit rate: 58% of the employee’s average weekly wages
- Maximum weekly benefit (2026): $871 per week (up from $837 in 2025)
- Maximum duration: 26 weeks per benefit year
- Employee contribution cap (2026): Up to 0.5% of weekly wages, not to exceed $7.50 per week; the maximum weekly wage base is $1,500.21 in 2026
Employers may pay the entire premium cost or share it with eligible employees; the employee’s share may not exceed 50% of the total premium and may not exceed the weekly contribution cap. Employers with better-than-statutory self-insured plans may provide greater benefits. (labor.hawaii.gov/dcd/home/about-tdi/) · (labor.hawaii.gov/dcd/forms/guidelines/)
Qualifying Reasons for TDI
TDI covers an employee’s own non-work-related illness, injury, or sickness that renders the employee unable to perform job duties. This includes pregnancy and pregnancy-related conditions. TDI does not cover work-related injuries (which are covered by Workers’ Compensation) and does not provide benefits for leave taken to care for family members. (labor.hawaii.gov/dcd/home/about-tdi/)
TDI and Sick Leave Interaction Under HFLL
Under the Hawaii Family Leave Law (HRS § 398-4(c)), if an employer provides sick leave benefits to employees, covered employers with 100 or more employees must permit eligible employees to use up to 10 days of accrued and available sick leave per year for HFLL family leave purposes — such as caring for a child, spouse, reciprocal beneficiary, or parent with a serious health condition, or for the birth or adoption of a child. This 10-day rule applies only to sick leave that exceeds the amount required to comply with the employer’s TDI plan; benefits under a statutory TDI plan can only be used for the employee’s own disability and are not available for HFLL family leave. (labor.hawaii.gov/wsd/hawaii-family-leave/)
TDI — How to File a Claim
The TDI claim process:
- Notify the employer immediately upon becoming disabled
- Obtain Form TDI-45 (Claim for TDI Benefits) from the employer
- Complete Part A (Claimant’s Statement) and have a licensed physician, physician assistant, or advanced practice registered nurse certify the disability on Part C (Doctor’s Statement)
- Have the employer complete Part B (Employer’s Statement)
- Submit to the employer’s TDI insurance carrier (if not self-insured)
- Claims must be filed within 90 days from the date disability begins
TDI claim forms and authorized carrier information: labor.hawaii.gov/dcd/forms/ · DCD phone: (808) 586-9151 (labor.hawaii.gov/dcd/home/about-tdi/)
Retaliation Protections
Hawaii law prohibits employer retaliation against employees for exercising rights under TDI or HFLL. Complaints may be filed with the DLIR Wage Standards Division at labor.hawaii.gov/wsd/contact/ or by calling (808) 586-8777.
Paid Family & Medical Leave in Hawaii
Hawaii does not operate a state-funded paid family and medical leave (PFML) program for private-sector workers. The Hawaii Family Leave Law (HFLL, HRS Chapter 398) provides job-protected family leave for eligible employees of large employers, but that leave is generally unpaid unless the employee substitutes available accrued paid leave. Workers in Hawaii who need wage replacement during family leave rely on employer-provided benefits — such as the employer’s sick leave or PTO policy, if any — or federal FMLA provisions (Section 4 below). Multiple bills to create a mandatory Hawaii PFML insurance program have been introduced in recent sessions (including SB 1054 and HB 755/SB 852 in 2025) but none has been enacted as of March 2026. Current legislative status is available at capitol.hawaii.gov. For comparison with states that operate PFML programs, see California paid leave laws and Washington paid leave laws.
Maternity, Paternity & Parental Leave in Hawaii
How Long Is Maternity Leave in Hawaii?
Maternity leave in Hawaii can be assembled from multiple protections:
- TDI (Haw. Rev. Stat. Chapter 392): Covers pregnancy and pregnancy-related disability as an employee’s own non-work-related sickness. Under the statutory plan, TDI pays 58% of average weekly wages (up to $871/week in 2026) beginning on the 8th day of disability, for up to 26 weeks. The duration of pregnancy-related disability leave through TDI is typically 6–8 weeks for a normal delivery, though the specific period depends on the health care provider’s certification and the plan terms.
- HFLL (HRS Chapter 398): For employers with 100+ employees, a new birthing parent who has worked for the employer for at least 6 consecutive months is entitled to up to 4 weeks of job-protected family leave for the birth of a child, beyond any TDI disability period. This leave is unpaid unless the employee substitutes accrued paid leave.
- FMLA: Eligible employees may take up to 12 weeks of unpaid, job-protected federal leave for the birth and care of a newborn during the first 12 months. FMLA may run concurrently with HFLL and TDI where applicable.
In total, an eligible employee at a large employer could combine TDI disability leave (typically 6–8 weeks, paid at 58% of wages) + HFLL family leave (up to 4 additional weeks, unpaid) + FMLA (up to 12 workweeks total, job-protected, running concurrently). (labor.hawaii.gov/dcd/home/about-tdi/) · (labor.hawaii.gov/wsd/hawaii-family-leave/) · (dol.gov/agencies/whd/fmla)
Is Maternity Leave Paid in Hawaii?
Maternity leave is partially paid through TDI for an employee’s own pregnancy disability. TDI pays 58% of average weekly wages (up to $871/week in 2026) for the period of certified disability — typically 6–8 weeks for normal delivery. Family leave taken under HFLL beyond the disability period is unpaid unless the employee uses accrued paid leave (sick, vacation, or PTO). Hawaii has no state PFML program providing paid leave for bonding with a newborn beyond the TDI disability period. (labor.hawaii.gov/dcd/home/about-tdi/)
Paternity Leave and Parental Leave in Hawaii
Paternity leave and leave for non-birthing parents in Hawaii is governed by HFLL and federal FMLA. Under HFLL (HRS Chapter 398), employees at employers with 100+ employees who have at least 6 consecutive months of service are entitled to up to 4 weeks of job-protected family leave per calendar year for the birth or adoption of a child — this applies to both parents. Unlike federal FMLA, HFLL does not restrict both spouses at the same employer from taking simultaneous family leave. HFLL family leave is unpaid unless the employee substitutes accrued paid leave.
Under federal FMLA, eligible fathers and non-birthing parents may take up to 12 weeks of unpaid, job-protected leave to bond with a newborn or newly placed adoptive or foster child during the first 12 months. Non-birthing parents are not eligible for TDI benefits for bonding leave — TDI covers only the employee’s own disability. (labor.hawaii.gov/wsd/hawaii-family-leave/) · (dol.gov/agencies/whd/fmla)
Federal FMLA in Hawaii
The federal FMLA (29 U.S.C. § 2601 et seq.) applies in Hawaii alongside the state HFLL and TDI programs, and is administered by the U.S. Department of Labor’s Wage and Hour Division. For FMLA questions in Hawaii, the Honolulu WHD office can be reached at (808) 541-1361 or dol.gov/agencies/whd.
FMLA Coverage and Eligibility in Hawaii
Covered employers: Private employers with 50 or more employees within a 75-mile radius of the worksite; all public agencies regardless of size; all public and private elementary and secondary schools regardless of size.
Eligible employees must: (1) have worked for the covered employer for at least 12 months; (2) have worked at least 1,250 hours in the 12 months preceding the leave; and (3) work at a location where the employer has 50 or more employees within 75 miles.
Leave entitlement: Up to 12 workweeks of unpaid, job-protected leave per 12-month period. Up to 26 workweeks for military caregiver leave in a single 12-month period. Health insurance must be maintained during leave on the same terms as if the employee had continued working. Upon return, the employee is entitled to the same or an equivalent position. (dol.gov/agencies/whd/fmla)
Qualifying Reasons Under FMLA
FMLA-qualifying reasons in Hawaii include: birth of a child and newborn care in the first 12 months; adoption or foster care placement and care in the first 12 months; care for a spouse, child, or parent with a serious health condition; the employee’s own serious health condition; qualifying military exigency; and military caregiver leave for a covered servicemember or veteran.
Is FMLA Paid or Unpaid in Hawaii?
FMLA leave is unpaid. Hawaii has no state PFML program providing paid wage replacement that runs concurrently with FMLA. However, TDI may pay benefits during a concurrent period of the employee’s own disability, and employees may substitute accrued paid leave during FMLA leave if employer policy permits. (dol.gov/agencies/whd/fmla)
How Hawaii HFLL Interacts with FMLA
HFLL and FMLA operate concurrently where both apply. Key differences:
| Hawaii HFLL vs Federal FMLA — Key Differences | ||
|---|---|---|
| Feature | Hawaii HFLL | Federal FMLA |
| Employer size threshold | 100+ employees | 50+ employees |
| Employee eligibility | 6 consecutive months of service (no minimum hours) | 12 months + 1,250 hours worked |
| Leave duration | 4 weeks per calendar year | 12 workweeks per 12-month period |
| Paid or unpaid | Unpaid (unless sick leave substituted) | Unpaid (unless paid leave substituted) |
| Qualifying family members | Child, spouse, reciprocal beneficiary, parent; child of any age | Spouse, child (minor or disabled adult), parent |
| Concurrent use by spouses | Permitted simultaneously | May be restricted if same employer and same qualifying reason |
| Job protection | Yes | Yes |
Where FMLA provides greater protection (e.g., lower employer threshold, longer leave for some employees), federal law controls. Where HFLL provides greater protection (e.g., broader family member definitions, no minimum hours requirement, reciprocal beneficiary coverage), state law controls. (labor.hawaii.gov/wsd/hawaii-family-leave/) · (dol.gov/agencies/whd/fmla)
Does FMLA Apply to Small Businesses in Hawaii?
FMLA does not apply to private employers with fewer than 50 employees within 75 miles of the employee’s worksite. HFLL applies to employers with 100 or more employees. Employees of businesses with fewer than 50 employees have no statutory entitlement to job-protected family or medical leave under either FMLA or HFLL — their leave rights depend on employer policy and TDI for own-disability situations. (dol.gov/agencies/whd/fmla)
Other Protected Leave Categories in Hawaii
Bereavement Leave
Hawaii has no law requiring private employers to provide bereavement leave. Leave for bereavement is governed by employer policy.
Jury Duty Leave
Hawaii law prohibits employers from discharging or threatening employees for responding to a jury summons or serving as a juror. The statute does not require paid jury duty leave. (Haw. Rev. Stat. § 612-25 — capitol.hawaii.gov)
Voting Leave
Hawaii has no state statute requiring employers to provide paid or unpaid leave for voting. Hawaii does provide vote-by-mail ballots to all registered voters, reducing the need for in-person polling leave. (hawaii.gov/elections)
Domestic Violence / Crime Victim Leave
Hawaii law (Haw. Rev. Stat. § 378-72) prohibits employers from discharging, threatening, or otherwise discriminating against employees who are victims of domestic or sexual violence and take reasonable time off to address related safety or legal needs. Employers with 50 or more employees must provide up to 30 days of unpaid leave; employers with fewer than 50 employees must provide up to 5 days. (capitol.hawaii.gov)
Military Leave
USERRA provides federal job protection for employees taking leave for military service. State employees are covered by applicable state personnel rules for military leave. (dol.gov/agencies/vets/programs/userra)
Prepaid Health Care Act (PHC)
Hawaii’s Prepaid Health Care Act (Haw. Rev. Stat. Chapter 393) requires employers to provide health insurance coverage to employees working 20 or more hours per week and earning at least 86.67 times the applicable minimum wage per month. This is distinct from leave law but affects employee benefits during leave. (labor.hawaii.gov/dcd/)
2026 Updates & Recent Legislative Changes in Hawaii
What Changed in Hawaii Paid Leave Laws in 2025–2026?
TDI 2026 Benefit Updates — Effective January 1, 2026
The DLIR Disability Compensation Division announced updated TDI benefit and contribution limits for 2026, effective January 1, 2026:
- Maximum weekly benefit: increased from $837 to $871 per week
- Maximum weekly wage base: increased to $1,500.21
- Maximum employee contribution: 0.5% of weekly wages, not to exceed $7.50 per week (up from $7.21 in 2025)
(labor.hawaii.gov/dcd/forms/guidelines/) · (labor.hawaii.gov/dcd/files/2025/12/2026-Maximum-Weekly-Wage-Base.pdf)
Pending Legislation — State PFML Program
Multiple bills to create a mandatory state paid family and medical leave insurance program were introduced in the Hawaii Legislature’s 2025 session but did not advance:
- SB 1054 (2025): Would have established a comprehensive state PFML program under DLIR — introduced but not enacted
- HB 755 / SB 852 (2025): Would have required DLIR to establish a family and medical leave insurance program with contributions beginning before January 1, 2029. HB 755 did not meet the crossover deadline; SB 852 was not scheduled for hearing.
As of March 2026, Hawaii has no enacted state PFML program for private-sector workers. Advocacy for a state PFML program continues — current bill tracking at capitol.hawaii.gov.
How to File a Leave Complaint in Hawaii
Filing a TDI Claim or Complaint
TDI claims are filed through the employer’s TDI insurance carrier or through the employer’s approved self-insured plan. If an employer lacks TDI coverage or disputes arise, contact the DLIR Disability Compensation Division:
- Phone: (808) 586-9151 (Honolulu) or nearest District Office
- Forms and guidance: labor.hawaii.gov/dcd/forms/
- Appeal deadline: 20 calendar days from the mailing date of a denial notice
- Claim filing deadline: Within 90 days from the date of disability onset
(labor.hawaii.gov/dcd/home/about-tdi/)
Filing an HFLL Complaint
Complaints regarding violations of the Hawaii Family Leave Law are filed with the DLIR Wage Standards Division:
- Phone: (808) 586-8777
- Contact: labor.hawaii.gov/wsd/contact/
(labor.hawaii.gov/wsd/hawaii-family-leave/)
Filing an FMLA Complaint in Hawaii
FMLA complaints are filed with the U.S. Department of Labor’s Wage and Hour Division:
- WHD complaint portal: dol.gov/agencies/whd/contact/complaints
- WHD Honolulu: (808) 541-1361
- WHD national line: (866) 487-9243
- Statute of limitations: 2 years from the violation; 3 years for willful violations
Interstate Considerations for Remote Workers in Hawaii
Paid leave laws generally apply based on the state where the employee performs work. A remote worker physically located in Hawaii is generally subject to Hawaii’s TDI requirement and HFLL (if the employer has 100+ employees), regardless of where the employer is headquartered. Hawaii’s mandatory TDI coverage applies to workers employed in Hawaii — employers are required to provide coverage even for remote employees working from the islands. The DLIR Disability Compensation Division administers TDI compliance for Hawaii-based work. (labor.hawaii.gov/dcd/home/about-tdi/)
For remote workers based outside Hawaii employed by a Hawaii company, the applicable state’s paid leave laws are determined by where work is performed. For additional detail on how remote work intersects with Hawaii law, see Hawaii remote work laws and the Hawaii unemployment benefits page.
Frequently Asked Questions — Hawaii Paid Leave
How does FMLA work in Hawaii?
Federal FMLA provides eligible employees of covered Hawaii employers up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. FMLA runs concurrently with the Hawaii Family Leave Law (HFLL) where both apply. Covered employers have 50+ employees within 75 miles; eligible employees need 12 months of employment and 1,250 hours worked in the prior year. (dol.gov/agencies/whd/fmla)
How long is maternity leave in Hawaii?
Maternity leave in Hawaii can total up to 12 weeks or more by combining protections: TDI typically covers 6–8 weeks of pregnancy disability at 58% of wages (up to $871/week in 2026); HFLL provides up to 4 weeks of additional job-protected family leave (unpaid) for employees at 100+ employee companies; federal FMLA provides up to 12 weeks of total job-protected leave running concurrently. (labor.hawaii.gov/dcd/home/about-tdi/) · (labor.hawaii.gov/wsd/hawaii-family-leave/)
Is maternity leave paid in Hawaii?
Maternity leave is partially paid through TDI at 58% of average weekly wages (up to $871/week in 2026) for the period of certified pregnancy disability. Family leave beyond the disability period under HFLL is unpaid unless the employee substitutes available paid leave. Hawaii has no state PFML program for paid bonding leave. (labor.hawaii.gov/dcd/home/about-tdi/)
Who is eligible for FMLA in Hawaii?
Eligible employees must: work for a covered employer (50+ employees within 75 miles, or any public agency); have 12 months of employment; and have worked at least 1,250 hours in the preceding 12 months. All three criteria must be satisfied. (dol.gov/agencies/whd/fmla)
Is FMLA leave paid in Hawaii?
FMLA leave is unpaid. TDI may provide wage replacement during a concurrent period of the employee’s own disability, and employees may use accrued paid leave concurrently with FMLA. Hawaii has no state PFML program to supplement FMLA with additional paid benefits. (dol.gov/agencies/whd/fmla)
Does Hawaii have paid sick leave?
Hawaii does not have a statewide paid sick leave law. Under Haw. Rev. Stat. § 388-7(3), paid sick leave is not required by law; if an employer offers it, the policy must be disclosed in writing or by posted notice. Hawaii’s TDI program provides wage replacement for an employee’s own non-work-related disability, including illness. (labor.hawaii.gov/wsd/vacation-and-sick-leave/)
Does Hawaii have paid family leave?
Hawaii does not have a state-run paid family and medical leave (PFML) program for private-sector workers. The Hawaii Family Leave Law (HFLL) provides job-protected family leave, but it is generally unpaid. TDI covers wage replacement only for an employee’s own disability, not for family caregiving. Multiple PFML bills were introduced in the 2025 legislative session but not enacted. (labor.hawaii.gov/wsd/hawaii-family-leave/)
What is Hawaii’s Temporary Disability Insurance (TDI)?
Hawaii TDI (Haw. Rev. Stat. Chapter 392) is a mandatory employer-provided insurance program that pays eligible employees 58% of their average weekly wages — up to $871/week in 2026 — for up to 26 weeks when they are unable to work due to a non-work-related illness, injury, or pregnancy. Nearly all private employers must provide TDI coverage. (labor.hawaii.gov/dcd/home/about-tdi/)
How many sick days are required in Hawaii?
Hawaii law requires no minimum number of paid sick days for private-sector employees. If an employer offers sick leave, the employer’s policy governs accrual and use. TDI provides wage replacement (not days off) for an employee’s own disability. (labor.hawaii.gov/wsd/vacation-and-sick-leave/)
Does FMLA apply to small businesses in Hawaii?
FMLA does not apply to private employers with fewer than 50 employees within 75 miles. HFLL applies only to employers with 100 or more employees. However, TDI applies to nearly all employers regardless of size. Employees of small businesses are protected by TDI for their own disability but have no statutory entitlement to job-protected family leave. (dol.gov/agencies/whd/fmla)
How long is paternity leave in Hawaii?
Eligible fathers and non-birthing parents at employers with 100+ employees may take up to 4 weeks of job-protected HFLL family leave (unpaid unless paid leave is substituted) for the birth or adoption of a child. Federal FMLA provides up to 12 weeks of unpaid job-protected leave for eligible employees at employers with 50+ employees. TDI does not cover non-birthing parents for bonding leave — TDI covers only the employee’s own disability. (labor.hawaii.gov/wsd/hawaii-family-leave/)
Can paid sick leave be used for a family member’s illness in Hawaii?
If an employer provides sick leave and has 100 or more employees, the Hawaii Family Leave Law (HRS § 398-4(c)) requires the employer to permit eligible employees to use up to 10 days of accrued and available sick leave per year for HFLL family leave purposes — including care for a child, spouse, reciprocal beneficiary, or parent with a serious health condition. This 10-day allowance is separate from and in addition to any vacation or other paid leave the employee may substitute. (labor.hawaii.gov/wsd/hawaii-family-leave/)
Is there a waiting period before using TDI benefits?
Yes. Under the statutory TDI plan, there is a 7 consecutive calendar day waiting period before TDI benefits begin. Benefits are payable starting on the 8th day of disability. Employers with better-than-statutory self-insured plans may have different waiting period terms. (labor.hawaii.gov/dcd/home/about-tdi/)
What is the Hawaii Family Leave Law (HFLL)?
The Hawaii Family Leave Law (HRS Chapter 398) requires employers with 100 or more employees to provide eligible employees with up to 4 weeks of job-protected, unpaid family leave per calendar year. Leave is available for the birth or adoption of a child, or to care for a child of any age, spouse, reciprocal beneficiary, or parent with a serious health condition. Employees are eligible after 6 consecutive months of service. (labor.hawaii.gov/wsd/hawaii-family-leave/)
What is a reciprocal beneficiary under HFLL?
Hawaii is one of the few states that extends family leave protections to reciprocal beneficiaries — individuals who have registered a reciprocal beneficiary relationship under Hawaii law (Haw. Rev. Stat. Chapter 572C). This is broader than the FMLA, which does not cover reciprocal beneficiaries. (capitol.hawaii.gov) · (labor.hawaii.gov/wsd/hawaii-family-leave/)
Does Hawaii have a domestic violence leave law?
Yes. Haw. Rev. Stat. § 378-72 requires employers to provide unpaid leave to employees who are victims of domestic or sexual violence and need time to address related safety or legal matters: up to 30 days for employers with 50 or more employees, and up to 5 days for employers with fewer than 50 employees. (capitol.hawaii.gov)
Where can Hawaii workers find help with TDI or HFLL questions?
TDI questions: DLIR Disability Compensation Division — (808) 586-9151 — labor.hawaii.gov/dcd. HFLL questions: DLIR Wage Standards Division — (808) 586-8777 — labor.hawaii.gov/wsd. FMLA questions: U.S. DOL WHD Honolulu — (808) 541-1361 — dol.gov/agencies/whd.
Sources & Verification Log
| Hawaii Paid Leave Laws — Sources & Verification Log | |||
|---|---|---|---|
| Section | Source | URL | Date Verified |
| No Paid Sick Leave Mandate; Policy Disclosure | DLIR Wage Standards Division | labor.hawaii.gov/wsd/vacation-and-sick-leave/ | March 2026 |
| Sick/vacation policy disclosure statute | Haw. Rev. Stat. § 388-7(3) | capitol.hawaii.gov | March 2026 |
| TDI — Overview, Eligibility, Benefits, Claims | DLIR Disability Compensation Division | labor.hawaii.gov/dcd/home/about-tdi/ | March 2026 |
| TDI 2026 Max Weekly Benefit ($871) and Contribution ($7.50) | DLIR DCD Guidelines | labor.hawaii.gov/dcd/forms/guidelines/ | March 2026 |
| TDI 2026 Maximum Weekly Wage Base ($1,500.21) | DLIR — 2026 Maximum Weekly Wage Base PDF | labor.hawaii.gov/dcd/files/2025/12/2026-Maximum-Weekly-Wage-Base.pdf | March 2026 |
| HFLL — Coverage, Benefits, TDI Interaction | DLIR Wage Standards Division FAQ | labor.hawaii.gov/wsd/hawaii-family-leave/ | March 2026 |
| HFLL — Statute Text (HRS Chapter 398) | Hawaii Legislature | capitol.hawaii.gov | March 2026 |
| HFLL-FMLA Interaction | DLIR Wage Standards Division | labor.hawaii.gov/wsd/hawaii-family-leave/ | March 2026 |
| FMLA — All Sections | U.S. DOL Wage and Hour Division | dol.gov/agencies/whd/fmla | March 2026 |
| FMLA Complaints | U.S. DOL WHD | dol.gov/agencies/whd/contact/complaints | March 2026 |
| Domestic Violence Leave | Haw. Rev. Stat. § 378-72 | capitol.hawaii.gov | March 2026 |
| Jury Duty Protections | Haw. Rev. Stat. § 612-25 | capitol.hawaii.gov | March 2026 |
| Pending PFML Legislation | Hawaii Legislature Bill Tracking | capitol.hawaii.gov | March 2026 |
| DLIR — General Contact | Hawaii DLIR | labor.hawaii.gov | March 2026 |