English
EspañolCan my employer tell my clients or my co-workers about my situation?
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)
Can I be moved to a lower position or fired when I return to work after taking time off?
When you return to work, your employer cannot fire you or put you in a lower-ranked position (demote you) just because you asked for time off. Under the law, you must be allowed to return to either:
- your original job; or
- a position with similar status and pay.1
1 Haw. Rev. Stat. § 378-72(h)
What actions can I take if my employer denies my leave?
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)
I’m not a domestic violence victim, but I was served with a subpoena to testify in court. Are there any employment protections for me?
Hawai‘i has specific protections for anyone who gets a subpoena or summons to testify in a civil or criminal court case. An employer cannot fire you, threaten to fire you, or otherwise intimidate you because you testify in court in response to a summons.
If your employer fires or suspends you for testifying, s/he may be arrested and charged with a “petty misdemeanor” crime. You can also sue him/her in civil court to ask for:
- your job back;
- up to six weeks of lost wages; and
- your attorney’s fees if you win the case.1
However, you have to file your legal action within 90 days of the date you were fired or suspended.1
1 Haw. Rev. Stat. § 621-10.5
