Hawaiʻi has no statewide paid family or sick leave statute; workers rely on the federal FMLA, the state Family Leave Law (unpaid), and Temporary Disability Insurance for short-term medical events under HRS §392.
Unlike California, New York, or Washington State, Hawaiʻi has not enacted a paid family and medical leave program. The Hawaiʻi Family Leave Law (HRS §398) guarantees up to four weeks of unpaid, job-protected leave for the birth or adoption of a child or to care for a sick family member at employers with 100 or more workers. Temporary Disability Insurance under HRS §392 replaces wages for the worker's own non-work injury or illness — including pregnancy — for up to 26 weeks. Honolulu cannot create a paid leave mandate for private employers, since employment benefits are largely state-regulated. Several legislative bills have proposed a contributory paid leave fund.
Employers who deny qualifying unpaid family leave under HRS §398 face DLIR investigation, reinstatement orders, back pay, and civil penalties. TDI noncompliance triggers separate enforcement and assessments.
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See how Honolulu's paid leave preemption rules stack up against other locations.
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