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Hawaii Leave Laws

Additional Leave Options for Public Employees

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What Leave is Available to Public Employees?

In addition to federal FMLA leave and Hawaii Family Leave, public employees in Hawaii may be entitled to: (1) Donor Leave or (2) Leave Sharing.

What Is Donor Leave?

Any officer or employee of the State or the counties is entitled to:

  1. Seven days of paid leave each calendar year to serve as a bone marrow donor, and
  2. Thirty days of paid leave each calendar year to serve as an organ donor.

What Are Leave Sharing Programs?

Certain public employers are permitted to set up leave sharing programs for their employees. It is a good idea to check whether your employer has such a program.

Under a Leave Share program, employees may donate accumulated vacation leave (or for those who are not entitled to vacation leave, accumulated sick leave) to another employee who has a serious personal illness or injury or who has a family member who has a serious personal illness or injury.

Who Is Eligible for Leave Sharing Programs?

In order to be eligible for any Leave Share program there are certain minimum requirements:

  1. You must have at least six months of service within the jurisdiction; ["Jurisdiction" means service for the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, the department of education, the University of Hawaii, or the Hawaii health systems corporation.]
  2. You must have used up (or you are about to use up) all of your accrued vacation, sick or compensatory time; [Exception: If you need time off because of a family member's illness or injury then it is not required that you use up your sick leave.]
  3. You must receive certification by a competent medical examiner attesting to the seriousness of the illness or injury and the cause of your inability to work; and

  4. You must not have a record of sick leave abuse within the past two years.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY



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