HRS §388-4
Getting a deceased employee's unpaid pay
This section says that when an employee dies, the employer must pay up to a certain amount of unpaid wages, vacation, or sick leave to the surviving spouse or partner, or if none, to an adult child. The employer must get proof of relationship and a written receipt. Paying this way protects the employer from further claims.
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The statute, as written — Payment of wages to relatives of deceased employees
Where an employee dies leaving any wages, vacation, or sick leave pay due the employee, the employer shall, within thirty days after such death, whether or not a personal representative has been appointed, pay the wages, vacation, or sick leave pay in an amount not exceeding $2,000 to, and upon application by the surviving spouse or reciprocal beneficiary or, if none, by an adult child. The employer shall require the applicant to show proof of his or her relationship to the deceased by affidavit and to acknowledge receipt of the payment in writing. Any such payment shall discharge the employer to the extent thereof and the employer shall not be liable to the decedent's estate. Any person to whom payment is made shall be answerable therefor to anyone prejudiced by an improper distribution.
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