Paid Sick Leave in Hawaii: Who Qualifies and How Much You Earn

Hawaii does not have a statewide law that requires private employers to provide paid sick leave. As of 2026, there is no Hawaii statute setting a paid-sick-leave accrual rate, an annual cap, or a list of covered employers the way states like California, Washington, or New York have. If you work for a private business in Honolulu, Hilo, or anywhere else in the islands, whether you earn paid sick days depends almost entirely on your employer's own policy or a union contract — not on a state mandate. The one important state-run safety net is Hawaii's Temporary Disability Insurance (TDI) program, which partially replaces wages when you cannot work because of a non-work-related illness or injury, but TDI is not the same as everyday paid sick leave.

This matters because many workers assume Hawaii guarantees paid sick time. It does not. Below is what Hawaii law actually provides, where the gaps are, and how to verify your rights with the right state agency.

The Baseline: No Mandatory Paid Sick Leave in Hawaii

There is no federal law requiring most private employers to provide paid sick leave either. The Fair Labor Standards Act (FLSA) sets a federal minimum wage of $7.25 per hour and requires overtime at one-and-a-half times your regular rate after 40 hours in a workweek, but it says nothing about paid time off for illness. Paid sick leave, paid vacation, and holiday pay are generally left to the employer under federal law.

Hawaii follows that same approach for sick leave. The state has chosen not to enact a general paid-sick-time accrual law. So when an employer offers paid sick days, it is doing so voluntarily (or because a contract requires it), and the terms — how fast you accrue, how much you can bank, and what you can use it for — are set by that employer's handbook or your collective bargaining agreement.

Hawaii's own minimum wage is higher than the federal floor. As of 2026 Hawaii's minimum wage is scheduled to be $14.00 per hour under the state's step-increase law, rising toward $18.00 by 2028. Because these figures change on a set schedule, confirm the current rate with the Hawaii Department of Labor and Industrial Relations before relying on it.

Temporary Disability Insurance: Hawaii's Real Wage-Replacement Program

What Hawaii does require is Temporary Disability Insurance. Under the Hawaii Temporary Disability Insurance Law, most employers must provide TDI coverage that pays partial wage replacement when an employee is unable to work due to a non-work-related sickness or injury — including pregnancy and childbirth recovery. This is the closest thing Hawaii has to a statewide "sick pay" guarantee, but it is structured as short-term disability, not as accrued sick days.

Key features of TDI:

  • Who is covered: Generally, employees who have worked at least 14 weeks of 20 or more hours for one or more Hawaii employers, earning at least $400 in the 52 weeks before the disability began, and who are in current employment.
  • Waiting period: TDI benefits typically begin after a seven-day waiting period — it does not cover the first week, and it is not designed for a one-day cold.
  • Benefit amount: Benefits are set as a percentage of your average weekly wages, up to a maximum weekly benefit that the state adjusts. Confirm the current weekly maximum and percentage with the state, because these figures are updated periodically.
  • Duration: Benefits can continue for up to 26 weeks within a benefit year for a single period of disability.
  • Work-related injuries are different: If your illness or injury is job-related, it falls under Hawaii's workers' compensation system, not TDI.

Employers may fund TDI through an insurance plan, a self-insured plan, or a collectively bargained plan, and they may require employees to contribute up to a capped share of the cost. Importantly, you can be required to use available paid sick leave before TDI kicks in if your employer offers it, which is one of the main ways the two interact.

No Local Paid-Sick-Leave Ordinances

Some states leave room for cities and counties to pass their own paid-sick-leave ordinances. Hawaii has not gone that route. There is no Honolulu, Maui County, Hawaii County, or Kauai County ordinance creating a county-level paid-sick-leave mandate. The rules are the same across all islands: no statewide accrual mandate, plus the statewide TDI program. Do not assume a county ordinance fills the gap — in Hawaii, it does not exist.

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How Sick Leave Interacts With PTO and FMLA

Because Hawaii does not mandate sick leave, employer-provided paid time off is governed by the policy itself. A few practical points:

  • PTO vs. separate sick leave: Many Hawaii employers fold sick time into a single PTO bank. Whether unused PTO is paid out at separation depends on the employer's written policy; Hawaii does not require payout of unused sick leave by statute, though a promised, accrued vacation-style benefit can be enforceable as wages depending on the policy's terms.
  • Federal FMLA: The federal Family and Medical Leave Act gives eligible employees of covered employers (generally 50 or more employees) up to 12 weeks of unpaid, job-protected leave for a serious health condition, bonding with a new child, or caring for a family member. FMLA leave is unpaid, but you can often run paid sick leave, PTO, or TDI concurrently with it.
  • Hawaii Family Leave Law (HFLL): Separate from sick leave, Hawaii's Family Leave Law allows eligible employees at employers with 100 or more employees up to four weeks of unpaid leave per year to care for a new child or a seriously ill family member. The HFLL lets you substitute accrued paid leave for part of that time.
  • Domestic violence leave: Hawaii law also requires certain employers to provide leave (paid or unpaid depending on employer size) for victims of domestic or sexual violence to seek help, which is a narrow but real carve-out separate from general sick leave.

How to Enforce Your Rights and Where to Verify

If you believe your employer is denying a benefit it actually owes you, the path depends on which rule applies:

  • TDI problems — such as an employer that failed to carry coverage or a wrongly denied claim — go to the Disability Compensation Division of the Hawaii Department of Labor and Industrial Relations (DLIR), which administers TDI and workers' compensation.
  • Unpaid promised wages or PTO can be raised with the Wage Standards Division of DLIR, which enforces Hawaii's wage payment laws.
  • FMLA or HFLL violations can be pursued through the U.S. Department of Labor (for FMLA) or DLIR (for the state family-leave law), and you may also consult a private employment attorney.

Always read your employee handbook and any union contract first, since in Hawaii those documents — not a state accrual statute — usually define your everyday sick-leave rights. To verify current TDI eligibility numbers, benefit maximums, and minimum-wage rates, check directly with the Hawaii Department of Labor and Industrial Relations rather than relying on a figure that may have changed.

Bottom Line

Hawaii guarantees short-term wage replacement through TDI for non-work illness and injury, but it does not require employers to provide ordinary paid sick days. Your daily sick-leave rights come from your employer's policy or contract, layered on top of the state TDI program and federal FMLA. Knowing the difference — and which DLIR division to contact — is the key to protecting your pay when you get sick in Hawaii.

This page is based on Hawaii employment law. Rules and figures change — verify the current details directly with the official Hawaii sources below. This is general legal information, not legal advice.

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Hawaii state law.

Frequently asked questions

Does Hawaii require employers to give paid sick leave?

No. As of 2026 Hawaii has no statewide law requiring private employers to provide paid sick leave with a set accrual rate or cap. Paid sick days depend on your employer's policy or union contract. Hawaii does require Temporary Disability Insurance (TDI), which partially replaces wages for non-work illness or injury after a waiting period.

What is Hawaii TDI and how is it different from sick leave?

Temporary Disability Insurance is a state-mandated short-term disability program. It pays a percentage of your average weekly wages, usually after a seven-day waiting period, for up to 26 weeks for a non-work-related illness or injury. Unlike accrued sick days, TDI is not meant for short absences and does not cover the first week of disability.

Are there any city or county paid sick leave laws in Hawaii?

No. There are no county-level paid-sick-leave ordinances in Honolulu, Maui County, Hawaii County, or Kauai County. The rules are uniform statewide: no general paid-sick-leave mandate, plus the statewide TDI program administered by the Department of Labor and Industrial Relations.

Can my Hawaii employer make me use sick leave or PTO before TDI starts?

Often yes. Employers may require you to use available paid sick leave before TDI benefits begin, and you may also run paid leave concurrently with federal FMLA. Check your employer's written policy and confirm specifics with the DLIR Disability Compensation Division.

Who do I contact if my employer denies TDI or owes me unpaid leave?

For TDI coverage or claim disputes, contact the Disability Compensation Division of the Hawaii Department of Labor and Industrial Relations (DLIR). For unpaid promised wages or PTO, contact DLIR's Wage Standards Division. For FMLA issues, contact the U.S. Department of Labor.

This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.

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