Payroll and Benefits Guide United States – Hawaii

Annual Leave (vacation)

Hawaii does not have any state statute governing the amount and payment of vacation time; however, it is common for employers to offer paid vacation leave.

This must comply with employment law and must be stipulated in the collective bargaining agreement or employment contract.

Public Holidays

Public holidays are not mandatory paid days off, but employers commonly allow workers to take federal holidays as paid days off.

Some companies might also agree to allow workers to take off state holidays; workers can find specific state holiday dates from their local government.

Usually when an agreed public holiday falls on a weekend, a day off in lieu is given on the Friday before or the Monday after the holiday.

Sick Days

It is common for an employer to follow the Family and Medical Leave Act (FMLA) which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons (maternity leave, serious illnesses or if the employee needs to care for a spouse or child).

Employees are eligible for FMLA if they have worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.

FMLA eligible employees are entitled to:

• 12 working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
• Leave for the adoption or foster care of a child and care for the newly placed child within one year of placement.
• Care for the employee’s spouse, child, or parent who has a severe health condition.
• Leave in the event of a serious health condition that makes the employee unable to perform the essential functions of their job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Or

• Twenty-six working weeks of leave during a single one-year period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Maternity Leave

The Hawaii Family Leave laws (HFLL) complement the Federal Family Medical Leave Act (FMLA).

Employers with at least 100 employees are required to provide employees four weeks of unpaid leave for parenting.

Employees who worked for six consecutive months for the employer, regardless of the amount of time they work per day, are eligible for this leave which the employee can use for the birth or adoption of a child, care for a child or spouse, or parent with an illness.

Hawaii also has an administrative code that provides job protection for an employee when taking leave due to pregnancy-related disability or childbirth and ensures employers make reasonable adjustments to the work environment to accommodate.

In addition, Hawaii has a Temporary Disability Insurance (TDI) Program, which provides eligible employees with partial pay during their leave due to a temporary disability caused by pregnancy or childbirth.

If paid leave is less than four weeks, the additional period of leave may be unpaid, and employees may substitute any of their accrued paid leave (sick, vacation, personal, or family leave) for any part of the four-week period).

Paternity Leave

Paternity leave falls under the FMLA.

Parental Leave

Parental leave falls under the FMLA.

Other Leave

Hawaii law states that all employers must provide their full-time employees job-protected but unpaid time off from work to perform their duty as jurors or as a witness in a case, responding to a subpoena, or acting as a plaintiff or defendant in the courts.

Employees must provide a copy of the jury summons to the employer as evidence of requirement.

Hawaii law requires all employers to grant their employees who are registered to vote up to two hours of paid leave to vote in any municipal, county, state, federal primary, or general election.

Employees must provide reasonable notice to their employers to take time off to vote.

In addition to the federal law USERRA, Hawaii law provides protection against discrimination for members of U.S. armed forces, reserves, National Guard, commissioned corps of the Public Health Service, and any other category of persons designated by the president in a time of war or emergency.

• E-1 – highest priority employment for those with extraordinary ability in science, arts, education, business, and athletics.
• E-2 – for those with advanced degrees or exceptional ability.
• E-3 – for skilled workers and professionals, as well as unskilled workers.
• E-4 – members of certain immigrant groups.
• E-5 – immigrant investors in US companies (substantial investment).

Alternatively, an employer may sponsor a potential employee’s application for permanent resident status, referred to as a “green card,” if the employee can establish that the potential employee is a multinational executive/manager transferee, has unique skills, or has been offered a job in the United States.

The employer must have been unable to recruit a U.S. worker who meets the position’s minimum requirements.

All employers are obligated to verify that all individuals they employ are authorized to work in the United States.