Hawaii Family Leave Law & Temporary Disability Insurance

Group Benefits

HI TDI

Hawaii’s Temporary Disability Insurance (HI TDI) requires employers to provide Paid Leave for an employee’s own disability.
Group Benefits
Hawaii does not have a state-administered fund for HI TDI. We can integrate and administer the Hawaii Temporary Disability Insurance (TDI) plan on a fully-insured or ASO basis.
 

Current Program Status

  • The Hawaii Family Leave Law (HFLL) currently mandates four-weeks of unpaid Family Leave to qualified workers at employers with 100 or more employees.
  • In 2020, HFLL was updated to add grandchildren to the list of family members for whom a qualified employee may use Family Leave. It also defines sibling as an employee’s biological, adopted or foster brother or sister; or a stepbrother or stepsister.
  • In 2019, the Hawaii Legislative Reference Bureau submitted a report and recommendations for Paid Family Leave legislations. There has been no additional movement on the program at this time. 

Frequently Asked Questions
  • Birth or adoption of a child.
  • Care for a seriously ill family member, including grandchildren and siblings.*
* Law was updated in 2020 to add grandchildren and define sibling as an employee’s biological, adopted or foster brother or sister; or a stepbrother or stepsister, which is in effect retroactively to July 1, 2020.
  • Non-work-related injury or sickness, including recovery from pregnancy, under TDI.
  • HFLL provides four unpaid weeks for employers with 100 or more workers that have at least six months of consecutive employment; wherever FMLA is available and applicable, HFLL will run concurrently with it. It is not in addition to any potentially available FMLA.
  • Under the statutory TDI plan, employees are entitled to up to 58 percent of their pay for 26 weeks – starting on the eighth day of leave.
  • The TDI weekly maximum is $640 for 2021 and will increase to $697 in 2022.
To be eligible for TDI benefits, an employee must have been employed in Hawaii for 14 weeks for 20 hours or more a week and earned $400 or more in the 52 weeks before the disability.
Employers may choose to pay the entire cost to provide TDI. Employees may be required to pay .5% of their wages, but not more than 50% of their total premium- up to the maximum set annually by the CDC which is $6.00 a week in 2022.
An employer may purchase a plan from an approved carrier for HI TDI. The plan can also be self-funded by the employer. A self-insured employer pays benefits directly to its employees on Disability Leave. The employer must prove its plan is solvent and is able to pay benefits. Employees can also be covered by a collective bargaining agreement for TDI.
 
All plans must be submitted to the Disability Compensation Division for review and must be approved before they go into effect.
We can integrate and administer the Hawaii Temporary Disability Insurance (TDI) plan on a fully-insured or ASO basis. Our Honolulu office adjudicates Temporary Disability Insurance (TDI) claims in Hawaii.
Please reach out to your employee benefits representative at The Hartford for additional information.
 
 
7523 NS 12/21
 
Temporary Disability Form Series includes GBD-1850, or state equivalent.
This informational material is subject to change as The Hartford continues to receive guidance from states and municipalities. It shall not be considered legal advice. The Hartford assumes no responsibility for legal compliance with respect to an employer’s business practices, and the views and recommendations contained herein shall not constitute The Hartford’s undertaking on a company’s behalf, or for the benefit of others, to determine or warrant that an employer’s business operations are in compliance with any law, rule, or regulation. Employers seeking resolution of specific legal or business issues, questions, or concerns regarding this topic should consult their own attorney or business advisors; and employees should continue to consult their employers’ Human Resources or other employment benefits department for guidance on the application of any law, rule, or regulation.
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