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Business Insurance
> Temporary Disability >
Methods of Providing Benefits
Your employer may adopt one or more of the following methods of
providing TDI benefits: 1. by purchasing insurance from a licensed
insurance carrier, called an "insured" plan, 2. by adopting a sick
leave policy which must be approved by the TDI office called a "self-insured"
plan, 3. by a collective bargaining agreement which contains sick
leave benefits at least as favorable as required by the TDI law.
All plans must be submitted to the TDI office for review and approval
before they can be put into effect. The benefits provided by your
employer's plan will fall in one of the following categories: 1.
Statutory benefits, meaning benefits which follow the minimum standards
set by law. 2. Equivalent benefits, meaning benefits "as favorable
as" statutory benefits, as determined by the TDI office. 3. Better-than-equivalent
benefits, meaning benefits that are superior to statutory benefits.
Who Pays for the Cost Providing Benefits?
The cost of providing TDI benefits may be financed in one of two
ways: 1. Your employer may pay for the entire cost. 2. Your employer
may require you to share in the cost, in which case your employer
may deduct one-half the premium cost but not more than 0.5% of your
weekly taxable wages up to the maximum set annually by the Division.
If your employer deducts more than what the law prescribes, notify
the TDI office immediately.
How Much Benefits Are You Entitled To?
Your employer's plan determines how much benefits you will receive
each week, how long you will be paid and whether you have to serve
a waiting period. 1. If you employer has a statutory plan; you are
entitled to: a. cash benefits up to 58% of your average weekly wages
rounded to the next higher dollar, but not more than the maximum
weekly benefit amount annually set by the DC Division. The maximum
weekly benefit for 2001 is $384.00 b. benefits from the eighth day
of disability. c. a maximum of 26 weeks of payments during a benefit
year. 2. If your employer has a sick leave plan which differs from
statutory benefits but which has been approved by the TDI office
as an equivalent or better-than-equivalent plan, your weekly benefit
amount, duration of payments, and whether or not a waiting period
is required will be determined by the plan.
Coverages
Any worker who meets the eligibility requirements, whether hired
on a part-time, intermittent, or full-time basis must be provided
TDI coverage by his/her employer. However, if the employee fails
to meet the eligibility requirements under the law, the employer
is not required to provide coverage. Excluded from coverage are
employees of the federal government, certain domestic workers, insurance
agents paid solely on a commission basis, individuals under 18 years
of age in the delivery or distribution of newspapers, family employees,
student nurses, interns and workers in other categories specifically
exempted by law.
What are the Eligibility Requirements?
You must have been in employment at least 14 weeks during each of
which you were paid for 20 hours or more and earned not less than
$400 in the four completed calendar quarters preceding the first
day of disability. The 14 weeks need not be consecutive nor with
only one employer.
Other Requirements that must be Met
- Your injury or illness is not work related; not caused by your job.
- Your injury or illness prevents you from performing your regular work.
- Your disability is certified by a licensed physician,
surgeon, dentist, chiropractor, osteopath, naturopath, or an accredited
practitioner of a faith-healing group.
- You were employed immediately
before the date you suffered your injury or illness, or if you were
separated from your job, your disability occurred within two weeks
from your separation date.
Ineligibility for Benefits
You are not eligible for benefits if:
- You performed work for pay during your disabled period.
- You were denied unemployment insurance benefits because of a work stoppage due to a labor dispute.
- Your injury was self-inflicted willfully and intentionally or it
was received while committing a criminal offense.
- You received
or will receive unemployment insurance, workers' compensation or
federal disability benefits.
(excerpts from the State of Hawaii Department of Labor and Industrial
Relations Disability Compensation Division, "What Is TDI?" brochure)
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