The Hawaii Temporary Disability Insurance (TDI) law was enacted in 1969 and is governed by the Disability Compensation Division (DCD), a division of the State of Hawaii Department of Labor and Industrial Relations. While the DCD is responsible for the compliance and support of the state mandated program, the State does not offer state administered benefits.
Hawaii 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 TDI coverage for their employees working within the state of Hawaii. The State of Hawaii 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 2023:
Statutory benefit provisions are established by the State of Hawaii DOL DCD and subject to change annually. The Division publishes the annual updates on or about December 1 for the upcoming calendar year.
Employers may pay for the entire cost of providing TDI coverage or may share the cost equally with the employees eligible for coverage. Employers can choose to require their employees to contribute toward cost of providing coverage. An employee’s contribution cannot exceed 0.5% of the employee’s weekly wages, nor the maximum weekly deduction.
For 2023, the maximum employee contribution rate is 0.50% if the employee’s weekly wages , up to the maximum weekly wage base of $1,318.48, for a maximum weekly deduction of $6.59.
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:
All private plans must be approved by the Hawaii State Disability Compensation Division. Private plans must offer at least as favorable benefit provisions as required under Hawaii TDI Law. In addition, under Hawaii 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 TDI coverage in Hawaii.
No, 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.
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:
Please contact your Guardian Group Sales Consultant or broker for quoting requirements and additional information concerning a Hawaii 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 Absence SolutionsSM can help reduce the administrative burden and enhance compliance with the integrated management of Short Term Disability and Long Term Disability 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.