Hawaii Short Term Disability Laws Explained

Hawaii is one of the few states that provide temporary disability insurance for its workers. Hawaii’s temporary disability insurance (TDI) law or short term disability laws were enacted in 1969. Employers are required to provide partial wage replacement insurance coverage.

Eligible Short Term Disabilities and Laws in HI

A worker becomes eligible for benefits when they suffer a loss of wages due to a non-work related illness or accident. To be eligible for TDI benefits:

• an employee must have at least 14 weeks of Hawaii employment during each of which the employee was paid for 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 one employer. The employee must also be in current employment to be eligible.
• in current employment is defined as:
  • An individual who performed regular service in employment immediately or not longer than two weeks prior to the onset of the sickness or to the accident causing disability and who would have continued in or resumed employment except for such disability.
  • An individual who performed regular service in employment immediately or not longer than two weeks prior to becoming totally disabled from performing the duties of her employment because of pregnancy or termination of pregnancy and who would have continued in or resumed such employment except for such disability.

Pregnancy Disability Law in Hawaii

Maternity Disability and any related illness or complication is one of the medical conditions covered under Hawaii’s temporary disability insurance. An employee can take up to four weeks before the birth of a child and as much as 6 weeks after the birth of a child in a normal pregnancy. Additional weeks can be granted with proper physician certification in cases of difficult pregnancies.

Disabilities Related to Pregnancy that are Eligible for Benefits

Any condition related to pregnancy that causes disability is eligible for benefits. The employee has additional protection against discrimination because of pregnancy through the federal Pregnancy Discrimination Act.

Pregnancy Disability Leave

Women in Hawaii can take pregnancy disability leave like any other employee requesting disability leave. There are no separate maternity leave laws. Pregnancy leave cannot be filed early. The claim cannot be paid until:

• The pregnancy becomes disabling, and
• There is a loss of wages, and
• A doctor certifies that you are disabled.
• Leave may be up to four months unpaid

Pregnancy Disability and Short Term Disability Problems with Employers

• Women are entitled to receive the same benefits as another employee would receive under a non-pregnancy related temporary disability.
• Women are entitled to reasonable accommodation in their work.
• Upon returning to work, a woman must be reinstated to a position that is the same or similar to the one held previously, both in tasks as well as in pay.
• The employer cannot retaliate against you for requesting or taking PDL.
• Employer cannot discriminate based on pregnancy.

Filing a Claim

To file a TDI claim, the employee should follow the procedures described below:

• Notify the employer immediately of the disability.
• Ask for Form TDI-45, Claim for TDI Benefits, from the employer. A TDI claim must be filed within 90 days after commencement of the disability period.
• Complete Part A, Claimant's Statement, of the claim form.
• Take the form to the physician to have disability certified on Part C, Doctor's Statement.
• Have the employer complete Part B, Employer's Statement.
• Mail the form to employer's TDI insurance company if the employer is not self-insured.
• The employer or the insurance carrier will notify the employee of his or her entitlement to benefits.

Help from a Disability Employment Attorney

It would be wise to consult with an experienced disability employment attorney early if you feel you have been discriminated against, or that your rights under the any of Hawaii programs have been violated or if you need assistance in applying or qualifying for benefits under these programs. An experienced disability employment attorney can explain your rights to you and help you protect them.