Jury Duty Leave and Pay Requirements in Hawaii
At a glance
| Governing law | Haw. Rev. Stat. § 612-25 (protection of jurors' employment) |
|---|---|
| Jury service covered | Receiving a summons, responding to it, serving as a juror, and attending court for prospective jury service (§ 612-25(a)) |
| Employers and employees covered | Written as a flat duty of any 'employer' toward any 'employee'; § 612-25 states no employer-size, tenure, or classification gate |
| Time-off entitlement | The absence to respond to a summons, attend for prospective service, and serve is protected: the employer may not deprive the employee of employment because of it (§ 612-25(a)). The section bars retaliation rather than fixing a quantity of leave |
| Employer-paid wages | None. Section 612-25 requires no wage continuation; it protects the job, not a paycheck during service |
| PTO and juror-fee treatment | Section 612-25 does not authorize compelling use of vacation, personal, or sick leave for jury days, and does not address crediting the court's juror fee against any wages an employer chooses to pay |
| Employee notice and proof | Section 612-25 imposes no express advance-notice period, written-notice form, or summons-copy requirement on the employee |
| Scheduling and return-to-work rules | No shift-rest window, night-shift excusal, minimum-release period, or long-trial rule appears in § 612-25 |
| Job protection and remedies | An employer may not deprive an employee of employment, or threaten or coerce the employee about it, because of jury service; a violation is a petty misdemeanor. A discharged employee may bring a civil action within 90 days for reinstatement and lost wages, with wage damages capped at six weeks and a reasonable attorney's fee to a prevailing employee (§ 612-25(b), (c)) |
Protected job, unpaid time
Hawaii's rule for employees called to jury service is HRS § 612-25. An employer may not deprive an employee of employment, and may not threaten or otherwise coerce the employee about employment, because the employee receives a summons, responds to it, serves as a juror, or attends court for prospective jury service. The protection covers the whole process, from answering the summons through actual service.
What the section does not do is require the employer to pay wages. Hawaii is a protected-but-unpaid state. An employer policy or union contract may provide paid jury leave, but the statute does not command it.
PTO, notice, and scheduling
Section 612-25 does not let an employer force an employee to use vacation, personal, or sick leave for the jury days, and it does not address crediting the court's juror fee against any wages the employer chooses to pay. Those choices are left to the employer's policy.
The section sets no advance-notice deadline, requires no particular written notice, and does not spell out a right to produce a copy of the summons. It contains no rule about shift rest, release time, or long trials. As a practical matter, an employee should still notify the employer promptly and keep the summons.
Enforcement
Hawaii backs the protection with both a criminal penalty and a civil suit. An employer that violates subsection (a) is guilty of a petty misdemeanor. Separately, an employee discharged in violation of the section may bring a civil action within 90 days of the discharge to recover lost wages and obtain reinstatement. Wage damages are capped at six weeks of lost wages, and a prevailing employee is entitled to a reasonable attorney's fee set by the court.
What trips people up
The wage recovery is narrow. Even when a discharge clearly violates the section, the statute caps lost-wage damages at six weeks, so the practical value of a § 612-25 suit is reinstatement plus a limited wage award, not full back pay.
The civil deadline is short — 90 days from the discharge. An employee who waits past that window can lose the § 612-25 claim, so an affected worker should act quickly.
Common questions
Can a Hawaii employer fire me for serving on a jury?
No. Depriving an employee of employment, or threatening or coercing the employee about it, because of jury service violates § 612-25 and is a petty misdemeanor.
Does my employer have to pay me?
Not under this statute. Hawaii does not require wage continuation for jury service, though an employer may choose to pay.
How long do I have to sue if I am fired?
Ninety days from the discharge. The court may order reinstatement and up to six weeks of lost wages, plus a reasonable attorney's fee if you prevail.
Is my employer breaking any criminal law by firing me?
Yes. A violation of subsection (a) is a petty misdemeanor, separate from the employee's civil remedy.
Statutes and sources
- Haw. Rev. Stat. § 612-25: bars depriving an employee of employment because of jury service, makes a violation a petty misdemeanor, and provides a 90-day civil action for reinstatement and up to six weeks' lost wages with attorney's fees — Hawaii State Legislature official statute text (accessed July 13, 2026); cross-checked against the Justia 2025 Hawaii Revised Statutes mirror.
Source links
Every statute quoted above, linked, with the date we checked it.
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