Final Paycheck Laws in Hawaii
When a Hawaii employer must pay your last paycheck if you are fired, laid off or quit, and whether unused vacation must be paid out.
Short answer: In full at the time of discharge, or, if immediate payment is not possible, no later than the next working day. HRS § 388-3(a)
| Final paycheck if fired or laid off | In full at the time of discharge, or, if immediate payment is not possible, no later than the next working day. Temporarily laid-off employees must be paid by the next regular payday (HRS § 388-3(c)). Source: HRS § 388-3(a) |
|---|---|
| Final paycheck if you quit | By the next regular payday (by mail if the employee asks). If the employee gave at least one pay period's notice, all wages are due at the time of quitting. Source: HRS § 388-3(b) |
| Unused vacation / PTO payout | Not required by statute; it depends on the employer's policy. Employers must give employees their vacation and sick leave policies in writing or by posted notice. Hawaii courts have held that unused vacation pay is not 'wages' under the wage payment law. |
Where to get help in Hawaii
More Hawaii employment law
- Minimum Wage in Hawaii
- Meal and Rest Break Laws in Hawaii
- Wrongful Termination in Hawaii
- Non-Compete Agreements in Hawaii
- All Hawaii employment law rules
FAQ
When do I get my final paycheck if I'm fired in Hawaii?
In full at the time of discharge, or, if immediate payment is not possible, no later than the next working day.
When do I get my final paycheck if I quit in Hawaii?
By the next regular payday (by mail if the employee asks). If the employee gave at least one pay period's notice, all wages are due at the time of quitting.
Does an employer have to pay out unused PTO in Hawaii?
Not required by statute; it depends on the employer's policy. Employers must give employees their vacation and sick leave policies in writing or by posted notice. Hawaii courts have held that unused vacation pay is not 'wages' under the wage payment law.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.