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

Hawaii’s Temporary Disability Insurance (TDI) program, established in 1969, is one of the oldest and most comprehensive state disability programs in the nation. TDI applies to all employers, including those with just one employee, and provides up to 26 weeks of wage replacement at approximately 58% of the employee’s average weekly wages (up to a maximum of $871 per week for 2026). There is a 7-day waiting period before TDI benefits begin. TDI covers non-work-related injuries, illnesses, and disabilities – including mental health conditions such as depression, anxiety, and PTSD – giving Hawaii workers a critical financial safety net during extended medical absences.

The Hawaii Family Leave Law (HFLL) supplements TDI by providing 4 weeks of unpaid, job-protected leave per calendar year for employees who have worked at least 6 consecutive months for an employer with 100 or more employees. HFLL leave can be used to care for a child, spouse, reciprocal beneficiary, parent, grandchild, or sibling with a serious health condition, or to bond with a newborn or newly adopted child. While HFLL does not provide wage replacement on its own, employees may use accrued paid leave or coordinate with TDI benefits when applicable.

Hawaii’s anti-discrimination protections are enforced by the Hawaii Civil Rights Commission (HCRC) and cover employers with one or more employees – far broader than the federal threshold. The Hawaii Employment Practices Act (Haw. Rev. Stat. § 378) prohibits discrimination based on disability, including mental health conditions, and requires employers to provide reasonable accommodations. Employees who experience retaliation or discrimination for requesting leave or accommodations may file a complaint with the HCRC within 180 days of the alleged violation.

Uniquely among U.S. states, Hawaii’s Prepaid Health Care Act requires employers to provide health insurance to employees who work 20 or more hours per week for at least four consecutive weeks. This ensures that workers maintain health coverage – including mental health services – throughout their employment, complementing the wage-replacement and job-protection benefits provided by TDI and HFLL.