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Can I use the days guaranteed to me under the law instead of using my vacation days or sick days?
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
Does my employer have to pay me for the time that I take off?
Your employer only has to pay you if you are taking paid leave days that you already have, such as sick leave or vacation leave. The “victim leave” you’re guaranteed under this law is unpaid leave.1
1 Haw. Rev. Stat. § 378-72(a)
