Hawaii: Bereavement Leave Requirements

verified against the statute 2026-07-15 6 statute sources

The short answer

No. Hawaii does not require an ordinary private-sector employer to provide paid or unpaid bereavement, funeral, memorial, or reproductive-loss leave. An employer that offers such leave sets the eligibility, duration, pay, notice, proof, privacy, and attendance terms in its policy or agreement.

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This is the general rule in Hawaii. Ezel applies current Hawaii law to your specific facts and answers with citations to the statutes.

Governing law and type of leaveNo general private-sector bereavement-leave mandate. HRS ch. 398 creates family leave for birth, adoption, and serious-health-condition care, not death-related leave
Covered employers and employeesNo general state-mandated private-sector bereavement coverage threshold or employee eligibility test; employer policy or agreement defines coverage
Qualifying deaths, relationships, and eventsNo statewide private-sector list of covered deaths, relationships, funerals, memorials, reproductive losses, grief, or post-death tasks; employer policy controls
Leave amount, timing, and capsNo state-required private-sector bereavement allotment, per-death amount, annual cap, consecutive-use rule, or completion window; Chapter 398's 4-week family leave does not cover death
Paid or unpaid; use of existing leaveNo required paid or unpaid private-sector bereavement allotment; Hawaii does not require paid vacation or sick leave, and employer policy controls offered benefits
Notice, documentation, and proofNo bereavement-specific state call-in, request-form, proof, death-certificate, or privacy rule for ordinary private employment; employer policy supplies the procedure
Job protection, attendance, and confidentialityNo Hawaii bereavement-specific restoration, attendance, retaliation, or confidentiality right for ordinary private employment; employer policy supplies any internal terms
Enforcement, remedies, and deadlinesNo general bereavement-specific state complaint, civil remedy, penalty, or filing deadline

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What an employee and employer do without a state mandate

Hawaii does not create a general block of funeral, memorial, bereavement, or
reproductive-loss leave for ordinary private-sector employees. The current
Title 21 labor index lists the state's employment-law chapters, including
Family Leave and organ, bone-marrow, or stem-cell donation leave, but contains
no bereavement or death-related leave chapter.

The Hawaii Family Leave Law does not fill that gap. Haw. Rev. Stat. § 398-1
covers employers with at least 100 employees and employees who have worked at
least six consecutive months. Haw. Rev. Stat. § 398-3(a) provides four weeks
for birth, adoption, or care of a listed family member with a serious health
condition. A family member's death, a funeral or memorial, grief,
reproductive loss, and post-death tasks are not listed reasons.

For an ordinary private employer, the practical starting point is the
handbook, offer terms, collective bargaining agreement, or other policy. Haw.
Rev. Stat. § 388-7(3) requires written or accessibly posted vacation and sick
leave policies. The Department of Labor and Industrial Relations likewise
states that paid vacation and sick leave are not required and that the
employer's policy determines how offered benefits are earned and used. Those
rules do not create a statewide bereavement allotment. The employer's own terms
therefore supply any covered relationships, days, pay, call-in procedure,
requested proof, privacy treatment, and attendance consequences.

What trips people up

Four weeks of family leave are not four weeks of bereavement leave. Chapter
398 protects its listed birth, adoption, and serious-health-condition reasons;
death-related leave is not one of them.

A policy-disclosure duty is not a leave mandate. Section 388-7 requires
access to vacation and sick-leave policies. It does not require an employer to
create paid or unpaid bereavement leave.

Another kind of leave remains a separate question. A health condition
after a loss, pregnancy-related leave, disability accommodation,
discrimination law, federal family and medical leave, and collective
bargaining rights fall outside this cell's state-law bereavement scope.

Common questions

Must a Hawaii employer provide three or five bereavement days?

No. Hawaii sets no general private-sector minimum number of bereavement days.

Must voluntary bereavement leave be paid?

No statewide private-sector rule requires pay. The employer's policy controls
whether offered leave is paid, unpaid, or charged to an existing leave bank.

Can an employer ask for an obituary or death certificate?

Hawaii has no general private-sector bereavement statute supplying a proof
list or delivery deadline. The employer's policy supplies the procedure.

Statutes and sources

  • Hawaii Revised Statutes Title 21 index. The official current labor title
    contains Family Leave and donor-leave chapters but no general bereavement or
    death-related leave chapter. Official Title 21
    index

    (accessed July 15, 2026).
  • Haw. Rev. Stat. §§ 398-1, 398-3. Chapter 398 covers employers with 100 or
    more employees and employees with six months' service, but its four-week
    right covers birth, adoption, and serious-health-condition care rather than
    death-related leave. Official
    definitions

    and official leave
    section

    (accessed July 15, 2026).
  • Haw. Rev. Stat. § 388-7(3). Employers must provide access to vacation and
    sick-leave policies. Official current
    section

    (accessed July 15, 2026).
  • Hawaii Department of Labor and Industrial Relations guidance. The agency
    states that paid vacation and sick leave are not required and employer policy
    controls offered benefits. Official DLIR
    guidance
    (accessed
    July 15, 2026).
  • Hawaii State Legislature, 2026 session calendar. The regular session
    adjourned sine die May 8. Official
    calendar
    (accessed
    July 15, 2026).

Source links

Every statute quoted above, linked, with the date we checked it.

Haw. Rev. Stat. tit. 21 index · accessed 2026-07-15
Haw. Rev. Stat. § 398-1 · accessed 2026-07-15
Haw. Rev. Stat. § 398-3(a) · accessed 2026-07-15
Haw. Rev. Stat. § 388-7(3) · accessed 2026-07-15
This page is general legal information about state-law bereavement, funeral, memorial, and death-related leave, not legal advice about a particular absence, loss, family relationship, document request, attendance decision, or retaliation claim. Coverage can depend on employer size, employee tenure or hours, the relationship to the person who died, the type of loss or task, available accrued leave, notice, proof, and timing. Separate federal, state, and local laws govern family and medical leave, paid family leave, sick time, pregnancy and reproductive loss, disability, public employment, collective bargaining, wage replacement, and discrimination. Verified against the official statute or agency material on the date shown; confirm current law or consult the state labor agency or a licensed attorney before relying on it.

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