Hawaii Family Leave Law (HFLL) & Temporary Disability Insurance (TDI)

Group Benefits
Paid Family and Medical Leave (PFML) laws are expanding in states across the country. The federal Family and Medical Leave Act (FMLA) of 1993 guarantees eligible employees up to 12 weeks of leave without the threat of losing their benefits or their job. But the FMLA’s protection is limited: it assures only unpaid leave, which many workers can’t afford, and applies only to businesses with 50 or more employees.
 
Hawaii Family Leave Law (HFLL) offers four-weeks of unpaid leave to workers at employers with 100 or more employees that have at least six months of consecutive employment. Hawaii’s Legislative Reference Bureau is tasked with studying Paid Family Leave. Its final report is due Nov. 13, 2019.
 
Hawaii’s Temporary Disability Insurance (HI TDI) requires employers provide Paid Leave for an employee’s own disability. HI TDI is not a state-run program. If we are your Leave administrator, we are tracking HFLL for employers. If Hawaii were to add a State Paid Family Leave as other states have done, we may or may not be the administrator, depending on how the law is written.
 
This is an ongoing series of updates on Paid Family and Medical Leave developments – so you can be prepared to fulfill all mandated requirements. This release features highlights for the state of Hawaii.
 
With a few exceptions, all employers are required to provide HI Temporary Disability Insurance.
 
Here’s what you need to know about HFLL and HI TDI.
Frequently Asked Questions
  • Birth or adoption of a child under unpaid HFLL at large employers.
  • Care for a child, spouse, sibling, reciprocal beneficiary or parent with a serious health condition under unpaid HFLL.
  • Non-work-related injury or sickness, including recovery from pregnancy, under HI TDI.
  • HFLL provides four unpaid weeks for employers with 100 or more workers that have at least six months of consecutive employment; if FMLA is available, HFLL will run concurrently with it. It is not in addition to any potentially available FMLA.
  • Under the statutory HI TDI plan, employees are entitled to up to 58 percent of their pay for 26 weeks – starting on the eighth day of leave.
  • The HI TDI maximum is $632 for 2019.
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 HI TDI. Employees may be required to pay 50% of the premium but not more than 0.5% of their weekly wage up to the maximum set annually by DCD – $5.44 a week in 2019.
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 HI TDI.
 
All plans must be submitted to the Disability Compensation Division for review and must be approved before they go into effect.
 
The Hartford can integrate and administer HI TDI statutory plans on a fully-insured basis. Our Honolulu office adjudicates Temporary Disability Insurance (TDI) claims in Hawaii.
Please reach out to your representative at The Hartford for additional information or have an employee benefits representative from The Hartford contact you.
 
 
7523 NS 06/19
 
Temporary Disability Form Series includes GBD-1850, or state equivalent.
This informational material is subject to change as we continue to receive guidance from each state. It shall not be considered legal advice. The Hartford assumes no responsibility for legal compliance with respect to your business practices, and the views and recommendations contained herein shall not constitute our undertaking on your behalf, or for the benefit of others, to determine or warrant that your business operations are in compliance with any law, rule, or regulation. Those seeking resolution of specific legal or business issues, questions, or concerns regarding this topic should consult their own attorney or business advisors.
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