Carl GrahamDo Hawaii employees have a right to paid sick leave? Since January 1, 2024, the answer is yes — but how much pay is owed and whether it is paid or unpaid depends on the size of your employer. Act 73 (Session Laws of Hawaii 2023) created the state's first universal earned sick leave law, codified in Hawaii Revised Statutes. Before 2024, only workers covered by union contracts or generous employer PTO policies had sick leave rights in Hawaii. The law changed that — but with important thresholds and limits. This article answers the nine most common questions. It is part of the Hawaii Labor Law dossier.
Is Hawaiian Sick Leave Paid or Unpaid?
It depends on employer size. Under Act 73 (SLH 2023):
- Employers with 100 or more employees must provide paid sick leave
- Employers with fewer than 100 employees must provide sick leave, but they may leave it unpaid
The 100-employee threshold is calculated based on the total number of employees statewide, not per location. A hotel chain with 60 employees in Honolulu and 50 in Maui has 110 employees and must provide paid sick leave at both locations.
The law applies to all employees — full-time, part-time, temporary, and seasonal — as long as they work in Hawaii.
How Much Sick Leave Does Hawaii Law Require?
Employees accrue one hour of sick leave for every 40 hours worked, up to a maximum of 40 hours per year. There is no daily cap; employees can use their accrued balance in any increment their employer's standard payroll practices track, but employers may set a minimum increment of one hour per use.
A full-time employee working 40 hours per week reaches the 40-hour annual cap after working approximately 1,600 hours — roughly 40 weeks into the year. Part-time workers accrue proportionally. An employee who works 20 hours per week reaches 40 accrued hours after approximately 80 weeks of continuous employment.
Accrued but unused sick leave may roll over from one year to the next, but the annual cap means the total available balance is still limited to 40 hours in any given year.
When Does Sick Leave Accrual Begin?
Accrual begins on the first day of employment. There is no waiting period before sick leave starts accumulating. However, employers may impose a waiting period of up to 90 days before an employee can first USE accrued sick leave. During those 90 days, leave continues to accrue — the employee simply cannot draw on it yet.
"The accrual-starts-day-one, use-after-90-days structure is the most common question we get from HR managers implementing new leave tracking systems. They often confuse the accrual date with the use date." — Hawaii Society for Human Resource Management (SHRM-Hawaii chapter), 2024 compliance guidance.
After 90 days, the employee may use all accrued sick leave. An employee who has worked 90 days at 40 hours per week would have accrued approximately 9 hours of sick leave — available for use on day 91.
What Reasons Qualify for Using Sick Leave in Hawaii?
Under Act 73 (SLH 2023), sick leave may be used for:
- The employee's own illness, injury, or health condition — including preventive care and routine medical appointments
- Care for a family member with an illness, injury, or health condition — defined broadly to include the employee's child, parent, spouse, civil union partner, sibling, grandparent, grandchild, or parent-in-law
- Absences related to domestic violence, sexual assault, or stalking — affecting the employee or a family member — for medical treatment, counseling, legal proceedings, or safety planning
An employee using sick leave for any of these purposes is protected from retaliation.
Can My Employer Ask for a Doctor's Note?
Employers may request reasonable documentation for absences of more than three consecutive days. The employer may require the documentation within a reasonable time after the employee returns. They cannot require documentation for single-day or short absences.
"Documentation" must be reasonable in what it requires — a signed note from a healthcare provider confirming the employee was seen (without requiring a diagnosis) is sufficient. Employers cannot demand detailed medical records as a condition of accepting the sick leave.
Does My Employer's Existing PTO Policy Satisfy the Law?
Yes, if it meets the minimum requirements. If an employer's existing paid time off (PTO), vacation, or sick leave policy provides at least 40 hours per year of leave that employees can use for the same purposes covered by Act 73, that policy satisfies the law's requirements. The employer does not need to create a separate "sick leave" bucket.
The critical test: Can the employee actually use those hours for illness or medical appointments without penalty? A PTO policy that nominally provides 40 hours but treats sick leave use as an "absence occurrence" under an attendance management system likely fails to satisfy the law's anti-retaliation protections.
How Does Sick Leave Interact with Hawaii's TDI?
Hawaii's Temporary Disability Insurance (TDI) — codified at HRS Chapter 392 — covers longer-term illnesses and disabilities. TDI pays benefits beginning on the 8th day of a qualifying disability absence, at up to 58% of average weekly wages for a maximum of 26 weeks.
The practical sequencing for a serious illness:
- Days 1-7: Employee may use accrued sick leave (if 40 hours remain)
- Day 8 onward: TDI payments begin; employer may require concurrent use of remaining sick leave
- Beyond 26 weeks (for employers with 50+ FMLA employees): FMLA/HFLL unpaid leave protections may apply
Employers may require the use of accrued sick leave during the first 7 days before TDI begins, provided their written policy states this requirement. The interaction between sick leave, TDI, FMLA, and Hawaii Family Leave Law (HFLL) is complex for serious illnesses; employees facing extended medical absences should consult the Hawaii DLIR Disability Compensation Division.
Can My Employer Retaliate for Using Sick Leave?
No. Act 73 (SLH 2023) explicitly prohibits employers from retaliating against employees for requesting or using sick leave. Retaliation includes:
- Termination or demotion
- Reduction in hours or pay
- Negative performance reviews tied to sick leave use
- Any adverse change in employment conditions in response to sick leave use
An attendance management policy that counts sick leave usage as an "occurrence" or "point" toward progressive discipline effectively penalizes lawful sick leave use and violates the anti-retaliation provisions of the statute.
How Do I Report a Sick Leave Violation?
File a complaint with the Hawaii DLIR Wage Standards Division at labor.hawaii.gov. The Division investigates sick leave violations under Act 73 and can order the employer to:
- Allow the employee to use accrued sick leave
- Reinstate an employee terminated in retaliation
- Pay back wages for forced unpaid absences that should have been paid sick leave
The statute of limitations for sick leave claims follows Hawaii's general wage claim framework — six years under HRS § 388-11.
Disclaimer: This article provides general information about Hawaii's earned sick leave law and does not constitute legal advice. The law's application is fact-specific. Contact the Hawaii DLIR at labor.hawaii.gov or a qualified Hawaii employment attorney for guidance on your specific situation.
