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EspañolWhat rights does this law give to victims of abuse?
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.
| If your employer has… | Then you are entitled to… |
|---|---|
| 49 employees or less | up to five days of unpaid victim leave in a calendar year. |
| 50 employees or more | up to 30 days of unpaid victim leave in a calendar year.1 |
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
What is the legal definition of "domestic or sexual violence" under this law?
In Hawai‘i, domestic or sexual violence can be any of the following things:
- domestic abuse;
- sexual assault; or
- stalking.1
Sexual assault includes:
- sexual assault in the 1st, 2nd, 3rd, and 4th degrees;
- continuous sexual assault of a minor under the age of fourteen;
- indecent exposure; and
- incest.2
Stalking is defined as a pattern of behavior which includes an abuser repeatedly doing any of the following things:
- watching you;
- coming close to you;
- following you; or
- threatening you.2
The threats can be written, spoken, or hinted at (implied.) The behavior must be specifically directed at you, and significant enough that a “reasonable person” would:
- suffer substantial emotional distress; or
- fear bodily injury, sexual assault, or death to themselves or someone close to them.2
The behavior must actually frighten you, or cause you substantial emotional distress.2
1 Haw. Rev. Stat. §§ 378-71; 586-1
2 Haw. Rev. Stat. § 378-71
What legal or medical actions, specifically, can I use the time off from work to do?
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)
