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Can I offer unlimited vacation time to my employees in Hawaii? What are the requirements?

Offering Unlimited Vacation Time to Employees in Hawaii

Hawaii law does not require employers to provide vacation time to employees. However, if an employer chooses to offer vacation time, the employer must comply with certain requirements.

According to [HIAR 14-8.1-2], the Hawaii Administrative Rules apply to employees who are entitled to earn and use vacation leave credits. Employers must provide employees with a written policy that outlines the terms and conditions of the vacation leave, including the amount of vacation time provided, the rate at which it accrues, and any limitations on its use.

Employers must also comply with [HIAR 6-21-5], which states that for general employees, twelve full months of employment shall be considered one year of service. A fractional month of employment shall be considered one full month of service if it meets the requirements of section 6-21-4.

Therefore, if an employer chooses to offer unlimited vacation time to employees in Hawaii, the employer must ensure that the policy complies with the above requirements. The policy must clearly state the terms and conditions of the vacation leave, including the amount of vacation time provided, the rate at which it accrues, and any limitations on its use. Additionally, the employer must ensure that the policy complies with the requirements of [HIAR 6-21-5] regarding the calculation of service time.

Conclusion

Employers in Hawaii are not required to provide vacation time to employees. However, if an employer chooses to offer vacation time, the employer must comply with certain requirements, including providing a written policy that outlines the terms and conditions of the vacation leave and complying with the requirements of [HIAR 6-21-5] regarding the calculation of service time. Therefore, an employer may offer unlimited vacation time to employees in Hawaii as long as the policy complies with these requirements.

Jurisdiction

Hawaii