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Hawaii: Voting Leave Requirements

verified against the statute 2026-07-13 1 statute source

The short answer

A Hawaii voter is entitled to up to two hours off on election day — excluding lunch or rest periods — to allow two consecutive hours to vote, with no penalty, schedule change, or wage deduction. It does not apply to an employee who already has two consecutive off-duty hours while the polls are open. Unusually, if the employee takes the time but fails to vote, the employer may deduct pay for it; a voter's receipt is proof of voting. Refusing or penalizing the leave carries a civil fine of $50 to $300.

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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	Haw. Rev. Stat. § 11-95
Eligible workers and elections	Any voter, on election day (§ 11-95(a))
Outside-work-hours test	No right if the employee has 2 consecutive hours (excluding lunch/rest) off duty while the polls are open (§ 11-95(a))
Time-off amount	Up to 2 hours, excluding lunch or rest periods, to allow 2 consecutive hours to vote (§ 11-95(a))
Paid or unpaid	Paid — no penalty, no rescheduling of hours, no wage deduction; but the employer may deduct if the employee took the time and failed to vote (§ 11-95(a))
When leave is taken	Statute does not designate the window; a voter's receipt is proof of voting (§ 11-95(a))
Employee notice and employer posting	No employee-notice or employer-posting duty; a voter's receipt serves as proof of voting (§ 11-95(a))
Protection and penalties	Refusing the time, penalizing it, or deducting wages is punishable by a civil fine of $50 to $300 (§ 11-95(b)-(c))

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Up to two paid hours, with a proof-of-voting catch

Hawaii lets a voter be absent up to two hours on election day — excluding lunch or
rest periods — to allow two consecutive hours to vote. The time is protected: no
penalty, no rescheduling of normal hours, and no deduction from usual salary or
wages.

The right does not apply to an employee who already has two consecutive off-duty
hours (again, excluding lunch and rest) while the polls are open. Polls in Hawaii
are open 7:00 a.m. to 6:00 p.m., so whether a shift leaves that window is the
threshold question.

The failed-to-vote deduction

Hawaii adds a feature few states have. If an employee takes the time off "but
fails to vote," the employer, "upon verification of that fact," may make an
appropriate deduction from the employee's pay for that period. Presenting a
voter's receipt to the employer is proof of voting and forecloses the deduction.

So the paid protection is real but conditional on actually voting. Keep the
receipt; it is the statute's own answer to a skeptical employer.

Penalties for the employer

An employer that refuses the leave, penalizes the employee, or deducts wages for
exercising the right "shall be subject to a fine of not less than $50 nor more
than $300," collected through a civil action.

What trips people up

The two hours is a cap, and it excludes meal and rest periods, so it is two hours
of actual voting time, not two hours that can be padded with an existing break.
And the entitlement disappears if your schedule already gives you two consecutive
off-duty hours during the eleven hours the polls are open.

The deduction rule cuts against employees who take the time and skip voting. It is
one of the only voting-leave laws that ties pay to proof that the employee
actually cast a ballot.

Common questions

How much paid time do I get?

Up to two hours, excluding lunch and rest periods, to give you two consecutive
hours to vote.

When do I not qualify?

When your off-duty time already includes two consecutive hours while the polls are
open (7:00 a.m. to 6:00 p.m.).

Can my pay be docked?

Only if you take the time and do not vote. A voter's receipt proves you voted and
prevents the deduction.

What if my employer refuses?

That carries a civil fine of $50 to $300.

Statutes and sources

Haw. Rev. Stat. § 11-95: the up-to-two-hour paid absence, the off-duty-time
exception, the failed-to-vote deduction and voter-receipt proof, and the
$50–$300 civil fine — Hawaii Revised Statutes text
(accessed July 13, 2026).

Source links

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

Haw. Rev. Stat. § 11-95 · accessed 2026-07-13

This page is general legal information about state-law workplace rights for an employee who needs time away from scheduled work to cast a ballot, not legal advice about voter eligibility, polling hours, an employment dispute, or a particular election. The election type, voting day, poll schedule, employee notice, work shift, employer coverage, and available nonworking time can change the result. Separate rules govern voter registration, mail voting, election officials, poll workers, campaigns, public employees, and local ordinances. Verified against the official statute text on the date shown; confirm current law or consult the election authority, labor agency, or a licensed attorney before relying on it.

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