Legal Information: Hawaii

Workplace Protections

Updated: 
November 13, 2018

What documentation (written proof) do I have to give my employer if I want to take time off?

You only have to give your employer documentation (written proof) of the abuse if your employer requests the documentation.

If you are seeking leave for medical treatment, your employer may request that you provide a certificate from a health care provider estimating the number of days necessary and the approximate start date and end date. Before you may return to the office after medical leave, an employer may request a medical certificate from your health care provider stating your condition and approving your return to work.1

If you take five days or less for non-medical reasons, your employer may ask for a signed statement that you or your minor child is a victim of domestic or sexual violence and the leave is for one of the reasons listed in What legal or medical actions, specifically, can I use the time off from work to do?

If the leave is more than five days in a calendar year for a non-medical reason, your employer may ask for a signed, written statement from a victim services organization, attorney, advocate, or a medical professional that has provided you or your minor child assistance. A police or court record about the domestic or sexual violence is also sufficient.2

If your employer does require certification of your leave, your absence will not be excused until you provide this documentation with your employer.3 Also, while you are on leave, your employer may require that you check in with him/her at least once a week to confirm that you intend to return to work.4

1 H.R.S. § 378-72(c)
2 H.R.S. § 378-72(d)
3 H.R.S. § 378-72(e)
4 H.R.S. § 378-72(g)