The Hawaii Temporary Disability Insurance (TDI) law was enacted in 1969, which requires employers to provide partial "wage replacement" insurance coverage to their eligible employees for nonwork-related sickness or injury (including pregnancy). This means that if an employee is unable to work because of an off-the-job sickness or injury and that 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.

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.

Some employees are excluded from coverage such as the employees of the federal government, certain domestic workers, insurance agents and real estate salespersons paid solely on a commission basis, individuals under 18 years of age in the delivery or distribution of newspapers, certain family employees, student nurses, interns and workers in other categories specifically excluded by the law. Refer to sections 392-5 and 392-27 of the law for exclusions and ineligibility for benefits.

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

a. Notify your manager immediately of the disability.

b. Ask for Form TDI-45, Claim for TDI Benefits. A TDI claim must be filed within 90 days after commencement of the disability period.

c. Complete Part A, Claimant's Statement, of the claim form.

d. Take the form to the physician to have disability certified on Part C, Doctor's Statement.

e. Have the employer complete Part B, Employer's Statement.

f. Mail the form to employer's TDI insurance company if the employer is not self-insured.

g. The employer or the insurance carrier will notify the employee of his or her entitlement to benefits.

The law requires that a claim be filed within 90 days from the date of disability. If claim filed after 90 days, the employee may lose part of the benefits unless good cause can be shown. If claim filed more than 26 weeks after disability, the employee will not be entitled to any benefits. To avoid partial or complete loss of benefits, file the claim within 90 days.