HI Temporary Disability Insurance (TDI) provides partial wage replacement to eligible employees who suffer from their own non-work-related injury, illness, or other disability, including pregnancy. TDI benefits are available to eligible employees in current Hawaii employment, and within 14 days of separation from employment.
Most every employer is required to provide Temporary Disability Insurance (TDI) coverage for their employees working within the state of Hawaii. The State does not provide state administered TDI benefits, instead it requires every employer considered to be a covered employer under the TDI Law to provide the benefit coverage in compliance with the law.
Some employees may be excluded from coverage requirements, such as employees of the federal government, certain domestic workers, insurance agents and salespersons paid solely on a commission basis, to name a few. For more details on excluded employment, Refer to sections 392-5 and 392-27 of the Hawaii Revised Statues for exclusions and ineligibility for benefits.
In order for an employee to be eligible for TDI benefits, an employee must have at least 14 weeks of Hawaii employment during which the employee was paid 20 hours or more and earned not less than $400 in the 52 weeks preceding the first day of disability. The 14 weeks need not be consecutive nor with only employer.
In addition, the employee must also be in current employment immediately preceding the date of disability or if the employee was separated from their job, their disability needed to have occurred within two weeks from their last day of work.
TDI Benefit provisions for 2021:
- 58.0% of employee’s average weekly wages, up to a maximum of $640 per week.
- Benefits begin on the 8th day of illness or injury, following a seven consecutive day waiting period.
- A maximum of 26 weeks of paid benefits during a benefit year.
Statutory benefit provisions are established by the State of Hawaii DOL Disability Compensation Division and subject to change annually. The Division publishes the annual updates on or about December 1 for the upcoming calendar year.
Employers can choose to require their employees to contribute toward cost of providing coverage. An employer may deduct up to one half of the premium cost, but no more than 0.5% of the employee’s weekly wages, up to the state maximum weekly wage base.
For 2021, the maximum employee contribution rate is 0.50% if the employee’s weekly wages , up to the maximum weekly wage base of $1,102.90, for a maximum weekly deduction of $5.51.
Since Hawaii does not offer a state administered plan, employers must adopt one or more of the following private plan options for providing the TDI coverage to their employees:
- A private insurance plan purchased from an authorized TDI insurance carrier, such as Guardian, that provides benefits in compliance with TDI Law.
- A “self-insured” plan, which must be approved by the Hawaii Department of Labor, Disability Compensation Division. An employer that chooses to become self-insurer will need to be approved by the State and provide proof of financial solvency and ability to provide benefits, by depositing securities or posting surety bonds. For more details, see Hawaii TDI State Website.
- A Collective Bargaining Agreement that contains sick leave benefits at least as favorable as required by the TDI Law.
All private plans must be approved by the HI State Disability Compensation Division. Private plans must offer at least as favorable benefit provisions as required under TDI Law. In addition, under TDI Law, the insurer must maintain a local claims service office or secure an independent claim adjusting service provider, accessible to claimants within the State of Hawaii.
Guardian is currently licensed and approved to provide a fully insured Temporary Disability Insurance (TDI) coverage in Hawaii.
Hawaii TDI Law does not provide job protection.
Hawaii TDI Law does not provide paid family leave benefits. However, under Hawaii Family Leave Law (HFLL), an employee may be eligible for up to four (4) weeks of unpaid family leave each calendar year for the birth or adoption of a child, or to care for his/her child, spouse, reciprocal beneficiary, or parent with a serious health condition. For more details, visit State of Hawaii Department of Human Resources Development - Family and Medical Leave.
- Educate yourself and your administrative teams on the laws concerning the temporary disability insurance (TDI) benefit provision changes and employer requirements.
- Consult with your payroll department and/or payroll vendor to confirm it is prepared to update its payroll system to properly administer the appropriate payroll deductions for TDI coverage. As the employer, you are responsible to ensure the correct employee deductions are applied, as per the state guidance.
- Update your current company leave policies/employee handbooks and make any needed updates to reflect the updated HI state mandated benefit provisions.
- Advise your employees of the updated benefit provisions and inform them of their updated payroll deduction rate for these benefits.
Guardian has a private plan option for Hawaii Temporary Disability Insurance (TDI) coverage to assist covered employers in meeting their regulatory obligation for their Hawaii covered employees.
Our product offering is fully insured, state-approved and competitively priced.
You can count on:
- Assistance with adjusting Short Term Disability (STD) and Long-Term Disability (LTD) plan
designs to integrate with a state mandated paid leave plan.
- Experienced claims management by locally tenured professionals
- Updates on new regulations and ongoing guidance to keep you compliant.
Please contact your Guardian Group Sales Consultant or broker for quoting requirements and additional information concerning a HI TDI private plan option through Guardian.
Guardian has provided employers with statutory disability plans for more than a decade, taking a consultative approach to bring the right resources together for successful PFML plan implementation and management, no matter the level of complexity. Our management of PFML plans helps ensure that any Human Resources team can meet the challenge of efficiently managing employee leaves while easing administrative burden and enhancing compliance.
Our Guardian AbsenceWorks® can help reduce the administrative burden and enhance compliance with the integrated management of STD and LTD benefits, state and federal family medical leaves, and company leaves. Available to companies with 50 or more employees, employers can choose from a variety of plans and service options, including ADA support. Effective employee leave management is key to ensuring your business remains compliant with state laws, helping you to avoid costly fines.
To learn more about Guardian leave management services reach out to your Guardian Group Sales Consultant or broker.