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Hawaii Statewide Rule

Hawaii Paid Leave: Temporary Disability and Sick Leave Rules

Some RestrictionsApplies statewide across Hawaii (2026)

Key Facts

No Statewide Paid
No statewide paid sick leave mandate.
Hrs Chapter 392
HRS Chapter 392 requires temporary disability insurance.
Hrs Chapter 398
HRS Chapter 398 provides up to 4 weeks unpaid family leave.
No County Currently
No county currently mandates paid sick leave.
Last verified: September 5, 2026Source: Hawaii State Legislature

Summary

Hawaii has no general statewide paid sick leave mandate, but HRS Chapter 392 requires employers to provide temporary disability insurance for non-work injuries, and family leave is governed by HRS Chapter 398.

§398-3 Family leave requirement. (a) An employee shall be entitled to a total of four weeks of family leave during any calendar year: (1) Upon the birth of a child of the employee or the adoption of a child; or (2) To care for the employee's child, spouse, reciprocal beneficiary, sibling, grandchild, or parent with a serious health condition. (b) During each calendar year, the leave may be taken intermittently. (c) Leave shall not be cumulative.

Source: Hawaii State LegislatureView official code

Full Breakdown

Hawaii does not require general paid sick leave for private employers, distinguishing it from states like California and New York. However, HRS Chapter 392 (Temporary Disability Insurance) requires most employers to provide TDI coverage for non-work-related injuries and illnesses, replacing a portion of wages for up to 26 weeks. HRS Chapter 398 (Hawaii Family Leave Law) provides up to four weeks of unpaid family leave per year for employers with 100 or more employees. Hawaii has not preempted counties from enacting local paid sick leave or scheduling laws, but no county currently maintains a comprehensive paid sick leave ordinance. Federal FMLA, ADA, and pregnancy laws also apply to qualifying employers and employees.

Violations & Penalties

TDI noncompliance under HRS 392-91 carries fines up to $1,000 per day plus liability for benefits owed.

Frequently Asked Questions

Does Hawaii require paid sick leave?
No general statewide paid sick leave mandate exists, but TDI provides partial wage replacement for non-work injuries.
What is TDI coverage?
Temporary Disability Insurance under HRS 392 replaces wages during non-work-related illness or injury.
How much family leave is required?
Up to 4 weeks of unpaid leave for employers with 100+ workers under HRS 398.

Sources

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