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Maternity Leave Information

 

"Maternity leave" or the type of leave a person takes related to having a child is actually a combination of types of benefits and protections that are available when an employee is pregnant or has just had a child.

 

PREGNANCY DISCRIMINATION:

An employer can not discriminate against you because you are pregnant.  For details, see the Hawaii Civil Rights Commission's flyer regarding Pregnancy Discrimination in the Workplace. 
 
 

TEMPORARY DISABILITY INSURANCE (TDI):

When the baby is born, the mother may be eligible for Temporary Disability Insurance (TDI) benefits, as outlined by the Disability Compensation Division. 
 

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.

 

Your employer's plan determines how much benefit you will receive each week, how long you will be paid and whether you have to serve a waiting period. 

  

TDI benefits paid or payable to you are solely to partially replace the wage loss resulting from your inability to work.  Your employer or insurance carrier is prohibited from receiving benefit assignments, in whole or in part, to pay for a debt or obligation you incurred.  Benefits are also exempt from levy, execution, attachment, and garnishment except for child support with a Family Court order, as allowed under Section 571-52, HRS.

 

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

 

a.   Notify your employer immediately of your disability.

b.   Ask for Form TDI-45, Claim for TDI Benefits, from your employer. 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 your physician to certify your disability on Part C, Doctor's Statement.

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

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

g.   Your employer or the insurance carrier will notify you of your entitlement to benefits.

 

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

   

HAWAII FAMILY LEAVE LAW:

Finally, the Hawaii Family Leave Law provides four weeks of protected leave for the mother or father to care for the child of which 10 days may be paid if the employer has a policy that provides for paid time off.  More information on this can be found at the Wage Standards Division’s website at: http://hawaii.gov/labor/wsd/wsd/pdf/forms/act44_hawaii_family_leave_law_faqs.pdf

U.S DEPARTMENT OF LABOR FAMILY LEAVE AND MEDICAL LEAVE ACT:
If there are serious health issues for the mother or child, you may want to look into the U.S. Department of Labor Family Leave and Medical Leave Act under the U.S. Department of Labor at http://www.dol.gov/esa/whd/fmla/. 

CONTACT INFORMATION:
 

For more information on Pregnancy Discrimination, please contact the Hawaii Civil Rights Commission at 808-586-8636. 

For more information on Temporary Disability Insurance (TDI) benefits, please contact the Disability Compensation Division at 808-586-9188. 

For more information on the Hawaii Family Leave Law, please contact the Wage Standards Division at 808-586-8777. 

For more information on the U.S. Department of Labor Family Leave and Medical Leave Act, please contact the U.S. Department of Labor at 808-541-2519. 

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