ST13 Hawaii (December 2007; Updated August 2010 - no changes to law)
1.18: USERRA and Other Laws
2.0: Paid Leave

Paid Military Leave for Public Employees in Hawaii

By CAPT Samuel F. Wright, JAGC, USN (Ret.)

Hawaii law sets forth terms for paid military leave per calendar year for employees of the state and counties. The law reads as follows:

"All officers and employees of the State and the several counties who are appointed for at least six months of service shall be entitled, while on active duty or during periods of camps of instruction or field maneuvers as members of the Hawaii national guard or organized reserves, including the officers' reserve corps and the enlisted reserve corps, under call of the President of the United States or the governor of the State, to receive pay as provided by law. During the absence of the officer or employee, while in the performance of ordered military or naval duty as a member of the national guard, air national guard, naval militia, or organized reserves, including the officers' reserve corps and the enlisted reserve corps, the officer or employee shall receive the officer's or employee's salary or compensation as such officer or employee, but only for a period not exceeding 15 working days in any calendar year.

"(b) Notwithstanding subsection (a), if the officer or employee is called to active duty or otherwise required to report for camp training or field maneuvers by official military orders a second time within a calendar year, the officer or employee may elect to use the 15 working days of the succeeding calendar year to which the officer or employee is entitled for such purposes within the current calendar year; provided that the officer's or employee's entitlement to 15 working days under this section for the succeeding calendar year shall be canceled and the officer or employee shall so agree in writing." (Hawaii Code, section 78-16.5.)

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