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Summary of differences between federal and state regulations
There is no federal mandate for employer-sponsored, non-occupational disability benefits. The Hawaii Temporary Disability Insurance (TDI) law requires employers to provide partial wage replacement insurance coverage to their eligible employees for nonwork-related injury or sickness, including pregnancy. This means that if an employee is unable to work because of an off-the-job injury or sickness and the employee meets the qualifying conditions of the law, the disabled employee will be paid disability or sick leave benefits to partially replace the wages lost. TDI, however, does not include medical care.
Hawaii’s Temporary Disability Insurance Law provides the following:
- Employers with one or more individuals in employment during any day or portion of a day must provide coverage.
- Employees who suffer disability resulting from accident, sickness, pregnancy, termination of pregnancy, or organ donation are entitled to receive temporary disability benefits. The accident or illness must not be work-related. For work-related injuries see the Workers’ compensation topic.
- Temporary disability benefits are payable for any period of disability following the expiration of a waiting period (seven days), for up to 26 weeks.
- Employee contributions limited to half of total costs, but not more than 0.5% of weekly wages up to not more than 0.5% of the state average weekly wage. Employer pays the balance.
The employer’s plan determines how much benefit the employee will receive each week, how long the employee will be paid and whether the employee has to serve a waiting period.
- If the employer has a statutory plan, i.e. a plan that provides benefits according to the minimum benefit standards as required by law, the employee is entitled to disability benefits, from the eighth day of disability for a maximum of 26 weeks, at 58% of the employee’s average weekly wages up to the maximum weekly benefit amount annually set by the Division.
- If the employer has a sick leave plan which differs from statutory benefits and has been approved by the Division as an equivalent or better-than-statutory plan, the weekly benefit amount, duration of payments, and whether or not a waiting period is required will be determined by the plan.
Violations of the law may bring a fine of $250 for each offense.
State
Contact
Department of Labor and Industrial Relations Disability Compensation Division
Regulations
Disability Insurance
Haw. Rev. Stat. §392-1, et seq.
Federal
Contacts
None.
Regulations
None.