Rights & Resources

Purpose

Hawai’i law (HRS §378-72) states that an employee has the right to unpaid leave from work to care for themselves or a minor child if they are a survivor of domestic or sexual violence. An employee denied leave by an employer in violation of this statute may file a civil action against the employer to grant leave and recover costs of the civil action, like lawyer fees.

Amount of Leave

• 30 days (if the employer employs 50 or more employees) or
• 5 days (if the employer employs less than 50 employees).

Leave must be used to:

1. Seek medical attention (physical or psychological) for injuries resulting from domestic or sexual violence,
2. Get services from a victim services organization,
3. Seek counseling,
4. Relocate, and/or Take legal action

An Employer May Ask the Employee to Provide:

1. A certificate from an appropriate professional stating the number of leave days required,
2. A statement from a medical professional clearing the employee to return to work,
3. A signed statement from the employee that they used leave days for one of the allowed reasons (for employees taking 5 days of leave or less), and/or
4. Documents from legal matters, victim services organizations, medical professionals, advocates, or lawyers stating the reason for the leave was related to domestic or sexual violence (if leave is more than 5 days).

Any information or documentation provided shall not be disclosed by the employer unless it is with the consent of the employee, ordered by a court or administrative agency, or required by law.

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Unemployment Insurance provides temporary financial assistance to qualified workers who become unemployed through no fault of their own.

Unemployment Due to Domestic Violence

According to Hawai’i law, “an individual should not be disqualified from unemployment benefits if the unemployment is a result of a compelling family issue,” including domestic violence (HRS §383-7.6). However, the department may request additional documentation from a domestic violence survivor, such as a written statement from a domestic violence program or shelter.

Be Prepared to Provide

• Records of all employment over the past 18 months (employer name and address, dates of employment, and reason for separation)
• Direct deposit information (checking or savings account number and routing number)

How to Apply:

1. Go to http://huiclaims.hawaii.gov/ and create an account using a valid email address. You will receive an email with a temporary password
2. After logged into your account, click on “File an Initial Claim” located under “Task List”
3. Complete all sections of application with your information
4. Review application and submit
5. Receive confirmation email with copy of application and list of next steps
6. If you are found eligible for benefits, you will have to file a Claim Certification weekly or bi-weekly (check confirmation email for filing schedule)

If you have any issues or questions, visit labor.hawaii.gov/ui or call the Unemployment Insurance Division at 808-901-2272 or 833-901-2272

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What is PWFA?

The PWFA gives pregnant workers the right to request and receive time off and job accommodations for childbirth and pre- and post-partum conditions related to pregnancy like infertility, abortion, and lactation.

This law protects people who work for the government and for private employers with at least 15 employees. Full-time, part -time, temporary, seasonal workers, and people applying for jobs are protected.

Accommodations

Employees have a right to receive “reasonable accommodations” for limitations that their employer knows about stemming from their pregnancy, childbirth, or related medical condition. This means they have a right to request and receive changes to how, where, or when their job is done when they need those changes because of:

• Physical changes that one may experience during pregnancy, like back pain, “morning sickness,” swelling, fatigue, or bladder control issues
• Medical conditions or disabilities caused or made worse by pregnancy, like gestational diabetes, preeclampsia, or depression
• “Related medical conditions” also has been recognized to include conditions that are related to the capacity to become pregnant, like fertility treatment or menstruation, as well as abortion, miscarriage, and post-pregnancy conditions like lactation and depression

Under the PWFA it is unlawful for an employer to require an employee to accept an accommodation they do not want and/or retaliate against an employee for exercising their rights under this law.

An employee is not required to mention the PWFA or any legal terms in order to retrieve their right to accommodation. There must be a conversation with the employee and employer about the condition(s) necessitating accommodation so it is “known.”

Once the employer knows the worker’s limitation they must grant the requested accommodation, or initiate an “interactive process” to identify another reasonable accommodation that meets the employee’s needs. This is a concept borrowed from the Americans with Disabilities Act (ADA) for the consideration of the employee’s preferred accommodation.

An employer is not required to provide an accommodation if it would create an “undue hardship” on the employer to do so, meaning that an action requiring significant difficulty or expense to the employer, their resources, and operations

Learn More

Here is a list of examples of “reasonable accommodations” employees can request.

PregnantAtWork.org provides information for workers – including information on “How to Talk to Your Boss About Your Bump” – as well as health care providers, employers, and advocates on pregnancy and work.

The Center for WorkLife Law operates a free and confidential legal helpline for employees who need assistance related to their legal rights at work during pregnancy and postpartum.

The Equal Employment Opportunity Commission (EEOC) enforces PWFA. Find information
about the law on EEOC’s website.

Title VII: prohibits employment discrimination based on sex, pregnancy, or other protected
categories

ADA: prohibits employment discrimination based on disability

The Family and Medical Leave Act which provides unpaid leave for certain workers for
pregnancy and to bond with a new child.

The PUMP Act which provides nursing mothers a time and private place to pump at work.

You can check with the Hawaiʻi Civil Rights Commission to find out about the full range of
civil rights laws that may protect you.

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The Violence Against Women Act (VAWA) is a federal law that provides housing protections for people living in federally subsidized units who have previously or are currently experiencing domestic violence, dating violence, sexual assault, and/or stalking.

Protections apply to a survivor if they are applying for or living in shelter, transitional housing, or permanent housing that is subsidized by a federal homeless assistance or affordable housing program.

Who is Covered?

VAWA protects victims and survivors, regardless of their sex, gender identity, or sexual orientation AND regardless of the sex, gender identity or sexual orientation of the person who caused harm.

The survivor does NOT have to be married to, related to, or living with the perpetrator to be protected by VAWA. It does not matter how long ago the survivor experienced the violence. A survivor’s immigration status does not impact a survivor’s right to VAWA’s housing protections.

VAWA Housing Protections on the Basis of HUD-Subsidized Housing

• Survivors cannot be evicted, denied assistance or admission to a unit or program because of the violence/abuse committed against them.
• Survivors cannot be evicted, denied admission, or have their assistance terminated for reasons related to the violence/abuse, such as having an eviction record, criminal history, or bad credit history.
• Survivors must have the option to stay in their housing, even if there has been criminal activity
  directly related to the violence/abuse.
• Survivors can request an emergency transfer from the housing provider for safety reasons related
  to the violence/abuse committed against them.
• Survivors must be allowed to move with continued assistance, if the survivor has a Section 8
  Housing Choice Voucher.
• The housing provider is required to keep the survivor’s status confidential.
• Survivors must receive HUD’s Notice of VAWA Housing Rights (Form HUD-5380) and HUD’s VAWA Self-certification Form (Form HUD-5382) from the housing provider.

Programs Covered

• Public Housing
• Housing Choice Voucher
• Project-based Section 8
• Section 8 Moderate Rehabilitation Single Room Occupancy (SRO)
• Section 202 Supportive Housing for the Elderly
• Section 202 Direct Loan
• Section 811 Supportive Housing for Persons with Disabilities
• Housing Opportunities for Persons With AIDS (HOPWA)
• HOME Investment Partnerships (HOME)
• Emergency Solutions Grants
• Continuum of Care
• Section 221(d)(3)/(d)(5) Below-market Interest Rate (BMIR), Multifamily Rental Assistance
• Section 236 Multifamily Assistance
• Housing Trust Fund

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Hawaiʻi Revised Statute § 521-80 allows a tenant to early terminate a rental agreement without penalty or fees if they or an immediate family member living with them have been a victim of domestic violence within the past 90 days, provided they give proper notice to the landlord; essentially enabling early termination of a lease due to domestic violence situations.

Everyone, regardless of immigration or citizenship status, has the right to live in a safe environment free from harm by a family member or acquaintance. Individuals subjected to a pattern of harassment or abuse—such as physical or sexual violence, verbal threats, property damage, or stalking—have the right to seek protection by filing a petition for a Temporary Restraining Order (TRO) against the abuser.

 

Temporary Restraining Order (TRO) vs. Protective Order (PO)

What is the difference?

The main difference is that a TRO is an emergency, temporary measure to provide immediate protection, while a protective order is issued after a court hearing and offers longer-term safeguards. Typically, the first step in obtaining a longer-term protective order is to file for a TRO.

 

How to File

To file for a TRO in Hawaiʻi, you first need to determine the appropriate court based on your relationship with the person you are seeking protection from.

To start the process, complete the necessary forms, which are available online or at the courthouse. Once submitted, the court will review your request, and if granted, the TRO will provide immediate protection until a hearing can take place.

In Hawaiʻi, Gun Violence Protective Orders (GVPOs) allow law enforcement, family, or household members to petition the court to temporarily prohibit an individual from owning, purchasing, or possessing firearms if they pose a significant danger to themselves or others. Under HRS §134-61 to §134-72, these orders are designed to prevent potential acts of gun violence and ensure public safety.

A GVPO is different than a protective order (PO) related to domestic violence, sometimes referred to as a DVPO.

What are the similarities between GVPOs and DVPOs?

There is no cost or fee to file these orders.
The orders are filed and issued in the family court in the circuit which the petitioner resides.

What are the differences between GVPOs and DVPOs?

What does this order prohibit the respondent from doing?

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Who can file this order?

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What does the petitioner need to provide to the court when they file the order?

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How is the notice of hearing served on the respondent?

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How are firearms and ammunition removed from the respondent?

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If the order is granted, how long is the order in effect?

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Can the order be renewed?

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Can the order be terminated?

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Can firearms and ammunition be returned to the respondent?

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What is the petition process?

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Learn More

• Printable Comparison of the Differences between Gun Violence Protective Orders and Domestic Violence Protective Orders.
• Read more about filing TROs.

Videos on how to file a TRO are now available.
Click here or visit the following link:
https://www.courts.state.hi.us/self-help/protective_orders/protective_orders

First Circuit language options: English, Chuukese, Ilocano, Japanese, Korean, Marshallese, Spanish, and Tagalog.

Second Circuit language options: English and Spanish.

The Crime Victim Compensation Fund provides financial assistance to victims of violent crimes, including domestic violence, sexual assault, and human trafficking. It helps cover expenses such as medical bills, counseling, lost wages, and funeral costs that result from the crime.

What May Be Reimbursed?

• Medical and mental health counseling expenses,
• Lost earnings or support,
• Funeral and burial expenses,
• Acknowledgement awards to acknowledge a victim’s suffering,
• Monetary loss directly resulting from the injury or death of the victim, and 
• Property damage.

How Can I Apply?

1. Report the crime to law enforcement officials,
2. Get an application by contacting the Commission office at (808)-587-1143 or cvcc@hawaii.rr.com, and
3. Submit your completed application to the Commission within 18 months of the crime date.

What Do I Need to Submit?

1. Original signed application form,
2. Original signed Authorization to Release Medical/Mental Health Treatment Information Form for each treatment provider,
3. Proof to substantiate your claims (bills, receipts, insurance statements, and medical records), and 
4. If you are making a claim for lost wages:

• • Signed Authorization to Release Employment Information Form by your employer, and
  • Submit proof to substantiate your claim for lost wages (pay stubs, Income Tax records if self-employed, and a medical disability certificate) to the Commission.

You will receive a written decision and order either awarding or denying compensation. If you disagree with the decision, you may appeal it in writing within 60 days of the mailing date of the decision and order. The Commission will then set a hearing for your appeal and you will have the opportunity to express your disagreement.

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SNAP provides crucial food and nutritional support to qualifying low-income and households in need. SNAP benefits are available through an Electronic Benefits Transfer (EBT) “Kokua” Card or direct deposit. SNAP can be used for fruits and vegetables, dairy products, breads and cereals, and seeds and plants that produce food for consumption.

How to Apply

• Visit the Hawaiʻi DHS website and complete the required information on the application. A paper copy is available here.
• Complete an interview.
• Within 30 days of applying, you will receive a letter in the mail letting you know if your application was approved or denied. If approved, the letter will indicate the amount of benefits you will receive and for what length of time.

To Be Eligible You Must…

• Be a U.S. citizen or “qualified alien”
• Be a resident of the state of Hawai‘i
• Have a social security number
• Have limited income

It is not a requirement for all household members to be eligible for SNAP. Parents who are ineligible can receive SNAP on their child’s behalf. If you do not have citizenship or “qualified alien status” but your child does, you can apply on their behalf. You will not need to provide information about your status. However, you will need to provide proof of income and participate in work requirements.

Work Requirement

Those within the ages of 16-59 are required to work to receive benefits. Exemption are possible if:

• you have a disability,
• you are caring for an infant or elder,
• you meet another requirement for exemption, or
• you are 16 or 17 years old and are a dependent of the household.

Notes

• If you have no income or your monthly income and assets that could be quickly turned into cash are less than your shelter costs (rent/mortgage and utilities), you may qualify for expedited processing and receive a decision within 7 calendar days).
• You have the right to appeal a denial within 90 days.

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Temporary Assistance for Needy Families (TANF) and Temporary Assistance for Other Needy Families (TAONF ) are government programs that provide time-limited cash assistance to families with dependent children. TANF is available to eligible households who are all U.S. citizens; TAONF is available to eligible households that have at least one member who is a non-U.S. citizen or Compact of Free Association (COFA) migrant.

To Be Eligible You Must…

• Have a dependent child under the age of 18 living in your household OR, for pregnant women with no other children, you must be 9 months pregnant,
• Be a U.S. citizen, “legal alien”, or “qualified alien”,
• Be a resident of the State of Hawai‘i,
• Have a Social Security Number,
• Have a limited income (there is no asset limit), and
• If applicable, assign your child support rights to the state and cooperate in establishing paternity, unless it is against the best interest of the child to do so.

How to Apply

• Visit Hawaiʻi’s DHS website and complete all required information on application, or visit a Benefit, Employment and Support Services Office, or call the Public Assistance Information Line at 1-855-643-1643.
• Complete an interview.
• Within 45 days of submitting the application, you will receive a letter in the mail letting you know if your application was approved or denied. If approved, the letter will indicate the amount of aid you qualify for. (Note: If you are in an emergency situation, you may receive a decision within 2 working days.)
• You have the right to appeal a denial within 90 days

Work Requirement

All adults in the household must participate with the First to Work program, to the extent possible. Some adults may not have to participate in work activities.

Exemptions for Survivors of Domestic Violence

Domestic violence survivors may participate in domestic violence advocacy instead of work activities. In order to do so, you must contact a Department of Human Services (DHS) Processing Center. Individuals identified as having a history of domestic violence will be referred to a domestic violence agency or domestic violence advocate for these services: 

• A determination of domestic violence victim status, and
• An assessment and development of an individual service plan.

The domestic violence victim status may be revoked or extended depending on the individual’s needs and ability to follow guidelines.

Local DHS Processing Centers and contact information can be found here.

Lifetime Limit

There is a 60 month lifetime limit on the duration of aid you can receive, that is measured by the adult in the household with the most months of aid received.

Additional Information

• Not every member of the household needs to be eligible for TANF.
• Parents who are not eligible for TANF may still receive TANF on their children’s behalf or there can be select household members who receive benefits and others who do not.
• If you do not have citizenship or “qualified alien status”, you may still apply for your children if they do, and you do not need to provide any information about your status. However, you would still need to provide proof of income and participate in First to Work for children to receive benefits.
• TANF benefits are available through an Electronic Benefits Transfer (EBT) “Kokua” Card or direct deposit and there are no restrictions on how this money can be used.

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What is WIC?

WIC promotes the health of low-income women and children under the age of 5 by providing access to nutritious diets, breastfeeding education, and referrals to healthcare. WIC funds can only be utilized on foods and brands that are pre-approved by WIC. You can view the Hawai’i Approved Food List here.

Who is WIC For?

• Be pregnant, breastfeeding, postpartum, or have a child or children under 5 years old who has/have nutritional needs.
• Meet federal income requirements.
• Be a resident of Hawai‘i.

To see if you are eligible, you can use the Pre-Screening Tool.

How to Apply:

1. Call your local WIC agency to set up an appointment. See next page for locations and contact information.
2. Bring the following:
   • Proof of income
   • Proof of identity
   • Proof of Hawaiʻi address

For more information on required documentation and eligibility and updated federal income guidelines, visit Hawaiʻi DOH. 

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The Statewide Automated Victim Information and Notification (SAVIN) program offers victims and concerned citizens free, anonymous, and confidential access to information and notification on the custody and parole status of offenders, 24-hours a day, 365 days a year.

Registered users will receive notification via email, text, and/or phone call. The offender will not know you registered to receive notifications about their status.

How to Register

1. Call 1-877-846-3444, visit www.vinelink.com or download the VINEmobile app
2. Follow the instructions and register to receive notification of custody or release status by telephone, text, and/or email. You may register multiple email addresses or phone numbers.
3. If requesting notification by telephone or text, you will need to create a four-digit Personal Information Number (PIN)
4. You will need to provide the offender’s name, offender’s ID number, and your PIN (for phone and
   text notifications)

You Will Be Notified Of:

• Release
• Escape/return from escape
• Unsupervised custody
• Return to custody
• Transfer
• Death
• Requested reduction of minimum (ROM)
• ROM review
• ROM decision
• Early parole hearing
• Upcoming parole hearing
• Parole hearing decision
• Parole hearing delayed
• Parole discharge
• Warrant issued
• Parole return to custody
• Parole revoked
• Parole Interstate Compact (IC)

If you have any issues or questions, you can reach out to the Hawai‘i SAVIN Main Office: 808-587-1356 or 1-866-847-1298 (TTY)

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Under Hawaiʻi Revised Statute §269-16.93 wireless telecommunications service providers must release victims of domestic abuse from shared or family wireless service contracts without charge, penalty, or fee.

Accessing This Service

The survivor must provide a written request to their wireless provider, along with one of the following items:

• A valid police report documenting domestic abuse.
• A court-issued order for protection under Chapter 586.
• A signed affidavit from a licensed medical or mental health care provider, court employee, or social worker.

Wireless Provider’s Response Timeline

Within 48 hours of receiving the opt-out request, the provider must either:

• Transfer billing authority and rights to the survivor for their phone number(s), or
• Remove the survivor from the shared plan and assign them a new phone number.

Key Protections

• Survivors are not subject to fees or penalties for opting out.
• Wireless providers and their employees are protected from legal liability for actions related to transferring billing authority or removing a survivor from a shared plan.