Hawaii Paid Leave: Temporary Disability and Sick Leave Rules

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.

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