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Summary of difference between federal and state regulations
The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
Hawaii law doesn’t require private employers to pay employees serving on jury duty.
Voting
Hawaii law allows employees two hours to vote (excluding lunch and rest periods). Deductions of pay are allowed for periods of more than two hours. Employees must give notice that they actually did vote by providing a voter’s receipt. This time off for voting doesn’t apply if there are two consecutive hours between the time of opening and the time of closing of the polls and the employee is not employed on the job.
Domestic/sexual violence leave
The Hawaii Victims Protection Law requires employers with 50 or more employees to provide up to 30 days of unpaid leave in a calendar year for domestic or sexual violence victims. Employers with 49 or fewer employees are to provide up to five days of unpaid leave in a calendar year. Employees must have worked for the employer for at least six consecutive months.
Employees are entitled to a reasonable period of time off for qualifying reasons. The “reasonable period of time” is defined as the following:
- Where due to physical or psychological injury to or disability to the employee or employee’s minor child, the period of time determined to be necessary by the attending health care provider, considering the condition of the employee or employee's minor child, and the job requirements.
- Where due to an employee’s need to take legal or other actions, including preparing for or participating in any civil or criminal legal proceeding, obtaining services from a victim services organization, or permanently or temporarily relocating, the period of time necessary to complete the activity as determined by the employee’s or employee’s minor child’s attorney or advocate, court, or personnel of the relevant victim services organization.
The employee must provide reasonable notice of the leave, unless doing so is not practicable due to imminent danger.
The employee or the employee's minor child must be a victim of domestic or sexual violence, and the reason for leave is for the following:
- Seek medical attention,
- Obtain services from a victim services organization,
- Obtain psychological or other counseling,
- Temporarily or permanently relocate, or
- Take legal action.
Employers may request a certification supporting the need for leave. This could be from a health care provider, a victim’s service organization, attorney, or advocate, or may be in the form of a police or court record.
Employers may require an employee on victim leave to report not less than once a week on his or her status and intention to return to work.
Upon return from leave, the employee must be returned to his or her original job or to a position of comparable status and pay, without loss of accumulated service credits and privileges.
Information obtained relating to such leave is to be kept confidential.
Judicial proceeding
Hawaii law provides that employers cannot deprive an employee of employment, or threaten or otherwise coerce the employee because the employee receives a summons, responds to it, serves as a witness, or attends court as a prospective witness.
Employers who violate this law are guilty of a petty misdemeanor.
If an employer discharges or suspends an employee in violation of the law, the employee, within 90 days from the date of discharge or suspension, may bring a civil action for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable must not exceed lost wages for six weeks. If the employee prevails, the employee must be allowed a reasonable attorney's fee fixed by the court.
Leave for organ, bone marrow, or stem cell donation
The law covers private employers with at least 50 employees. Employees are eligible if they worked for a company for at least one year before leave is to begin. Eligible employees may take up to seven days of job-protected leave each calendar year to serve as a bone marrow or peripheral blood stem cell donor. Employees may take up to 30 days of such leave each calendar year to serve as an organ donor.
Employees are to submit written verification that they are donors and there is a medical necessity for the donation.
During leave, group health care coverage is to be maintained in the same manner as if the employee had not taken leave.
Employers may require employees to use up to three days of earned but unused paid or unpaid time off for bone marrow or stem cell donation, and up to two weeks of such accrued time off for organ donation.
Leave taken under this provision does not run concurrent with leave under the federal FMLA.
State
Contacts
Jury duty
Voting
Victim of domestic or sexual violence
Hawaii Department of Labor and Industrial Relations
Judicial proceeding
Department of the Attorney General
Regulations
Jury duty
Haw. Rev. Stat. §612-25, Protection of jurors' employment.
Voting
§11-95 Employees entitled to leave on election day for voting.
Victims of domestic or sexual violence
Hawaii Revised Statutes, Chapter 378, Employment Practices, Part VI, Victim's Leave
Judicial proceeding
Hawaii Revised Statutes, §621.10.5: Unlawful suspension or discharge from employment; penalty; right of action.
Federal
Contacts
None.
Statutes/Regulations
None.