If you or your minor child are the victim of domestic or sexual violence, this law gives you the right to take time off from work to deal with matters related to the violence.

Under the law, your “minor child” includes your:

• biological or adopted child;
• foster child;
• stepchild; or
• legal ward.²

¹ Haw. Rev. Stat. § 378-72(a)
² Haw. Rev. Stat. § 378-71

Victim leave is only for things related to domestic or sexual violence suffered by you or your minor child. It can be used to do any of the following things:

• seek medical attention for a physical or psychological injury caused by the domestic or sexual violence;
• recover from a physical or psychological injury caused by the domestic or sexual violence;
• get services from a victim services organization;
• get psychological or other counseling;
• temporarily or permanently relocate;
• get ready for, or participate in, a legal case related to the domestic or sexual violence;
• take actions to improve your – or your child’s – physical, psychological, or economic health or safety; or
• take actions to improve the safety of people you associate with or work with.¹

¹ Haw. Rev. Stat. § 378-72(a)

Before you can use the days off that you’re entitled to under the law, you will first have to use up all paid or unpaid leave that you already have:

• as part of your employee benefits;
• as part of a collective bargaining agreement; or
• under any federal, state, or county law.¹

Regardless of what types of leave you’re using, your employer does not have to allow you to take more than the maximum number of days off guaranteed to you under the law.¹ Go to What rights does this law give to victims of abuse? for more information.

¹ Haw. Rev. Stat. § 378-73

You don’t have to give your employer written proof (documentation) of the abuse unless your employer asks you to. If your employer asks for documentation, however, your absence won’t be excused until you provide it.¹

If you need the time off for medical treatment, your employer can ask you for a certificate from a health care provider, which does two things:

• estimates the number of days you will need off; and
• gives an approximate start date and end date for the leave.²

Before you can go back to work, your employer can ask you for a medical certificate from your health care provider, which verifies your condition and approves your return to work.²

If you take five days or less for non-medical reasons, your employer can ask you to write and sign a statement that says:

• that either you or your minor child have been a victim of domestic or sexual violence; and
• the leave is for one of the reasons listed in What legal or medical actions, specifically, can I use the time off from work to do?³

If you take more than five days in a calendar year for a non-medical reason, your employer can ask for any of the following:

• a certified copy of a restraining order, injunction against harassment, or documents from a criminal case;
• documentation from a victim services organization or domestic/sexual violence program, including a shelter or safe house for victims of domestic or sexual violence; or
• documentation from a medical professional, mental health care provider, attorney, advocate, social worker, or member of the clergy who helped you or your child with the domestic or sexual violence abuse.³

Also, while you are on leave, your employer may require that you check in with him/her at least once a week to confirm that you intend to return to work.⁴

¹ Haw. Rev. Stat. § 378-72(c), (e)
² Haw. Rev. Stat. § 378-72(c)
³ Haw. Rev. Stat. § 378-72(d)
⁴ Haw. Rev. Stat. § 378-72(g)

Any information you give your employer under this law must be kept strictly confidential. It’s against the law for your employer to discuss or share with anyone:

• any documents that you provided;
• any verbal statements that you made to him/her;
• the fact that either you or your child have been a victim; and
• the fact that you asked for time off under this law.¹ 

Your employer can only discuss your domestic or sexual violence situation if:

• you request it;
• you agree to it;
• s/he is ordered to do so by a court or administrative agency; or
• s/he is required to do so by federal or state law.¹

¹ Haw. Rev. Stat. § 378-72(i)

If your employer knows about this law but s/he won’t give you the unpaid leave you’re entitled to, you can sue your employer in civil court. You can ask the judge to:

• allow you to take the leave you’re entitled to; and
• order that your employer pay the costs of filing the lawsuit, including your attorney’s fees.¹

¹ Haw. Rev. Stat. § 378-72(j)