Hawaii maternity leave: TDI pregnancy benefits
Hawaii has no paid family leave program. Its Temporary Disability Insurance (TDI) pays part of your wages while you recover from pregnancy and birth. Here's how much, for how long, and how to claim.
Checked October 2026 · 12 sources
Short answer
$871
the most TDI pays per week in 2026, a ceiling, not a typical benefit
Hawaii Department of Labor and Industrial Relations, Disability Compensation Division
26 wk
legal maximum for a disability, including pregnancy and birth
Hawaii Department of Labor and Industrial Relations, Disability Compensation Division
Apply for TDI
Claims go to Hawaii Department of Labor and Industrial Relations, Disability Compensation Division. Tell your employer early.
The rules in Hawaii
Disability pay onlyHawaii Temporary Disability Insurance (TDI)
| Legal maximum, your own health | 26 weeks |
|---|---|
| Bonding with your baby | None. TDI doesn't pay bonding leave. |
| Medical and family leave combined | Up to 26 weeks a year |
| Pay | TDI only (statutory plan): 58% of your average weekly wage, rounded up to the next dollar, max $871/week in 2026, for up to 26 weeks while a doctor certifies you can't work, including pregnancy and childbirth recovery. Approved employer plans may pay differently. No paid bonding leave. |
| 2026 weekly maximum | $871 (a ceiling, not a typical benefit) |
| Waiting period | 7 consecutive days for TDI under a statutory plan (benefits start on the 8th day of disability); approved employer plans may differ |
| Job protection | TDI itself does not protect your job. The Hawaii Family Leave Law (HRS ch. 398) gives up to 4 weeks a year of job-protected family leave, including for the birth of a child, if your employer has 100+ employees in Hawaii and you've worked there 6 consecutive months. That leave is unpaid unless you use accrued leave, and you can use up to 10 days of accrued sick leave for it. Federal FMLA (50+ employees, 12 months/1,250 hours) may also apply. |
| Who qualifies | To get TDI you must have at least 14 weeks of Hawaii employment in which you were paid for 20+ hours, have earned at least $400 in the 52 weeks before the disability, and be in current employment (or have left work no more than 2 weeks before the disability began). Your disability, including pregnancy, must be certified by a provider. Employers must provide the coverage; some workers (e.g., federal employees, commission-only real estate and insurance agents) are excluded. |
Checked October 2026. Benefit amounts usually change January 1 and July 1, so confirm with Hawaii Department of Labor and Industrial Relations, Disability Compensation Division before you plan. Job protection often comes from a different law than the pay; the job protection row says which.
Hawaii is TDI-only: pregnancy and childbirth recovery are covered as a disability, but there is no paid leave to bond with a baby or care for family. TDI is not a state-run fund: employers buy it from an authorized insurer, self-insure, or provide equal or better sick leave under a bargaining agreement. There's no online application. Ask your employer for Form TDI-45 (DLIR says it isn't available online), have your provider certify Part C, and file within 90 days of the disability starting; claims more than 26 weeks late get nothing. Employees can be charged up to half the premium, capped at 0.5% of weekly wages ($7.50/week in 2026). Hawaii's TDI law was enacted in 1969. Some sources say the 7-day wait is shorter if you're hospitalized; DLIR's own pages state only the 7-day rule. DLIR gives no typical pregnancy-recovery length. The 26 weeks is the statutory maximum per benefit year for any covered disability.
Sources: Hawaii Department of Labor and Industrial Relations, Disability Compensation Division; Hawaii Department of Labor and Industrial Relations, Wage Standards Division; Mercer Law & Policy Group. Data as of October 2026.
Questions about maternity leave in Hawaii
How long is maternity leave in Hawaii?
Hawaii has no paid leave to bond with your baby. The legal maximum for your own health condition is 26 weeks, and medical and family leave together are capped at 26 weeks a year.
How much does Hawaii TDI pay?
TDI only (statutory plan): 58% of your average weekly wage, rounded up to the next dollar, max $871/week in 2026, for up to 26 weeks while a doctor certifies you can't work, including pregnancy and childbirth recovery. Approved employer plans may pay differently. No paid bonding leave. The weekly maximum in 2026 is $871, a ceiling rather than a typical benefit.
Is my job protected while I'm on TDI in Hawaii?
TDI itself does not protect your job. The Hawaii Family Leave Law (HRS ch. 398) gives up to 4 weeks a year of job-protected family leave, including for the birth of a child, if your employer has 100+ employees in Hawaii and you've worked there 6 consecutive months. That leave is unpaid unless you use accrued leave, and you can use up to 10 days of accrued sick leave for it. Federal FMLA (50+ employees, 12 months/1,250 hours) may also apply.
Who qualifies in Hawaii?
To get TDI you must have at least 14 weeks of Hawaii employment in which you were paid for 20+ hours, have earned at least $400 in the 52 weeks before the disability, and be in current employment (or have left work no more than 2 weeks before the disability began). Your disability, including pregnancy, must be certified by a provider. Employers must provide the coverage; some workers (e.g., federal employees, commission-only real estate and insurance agents) are excluded.
How does it work with FMLA?
The federal Family and Medical Leave Act (FMLA) gives eligible workers up to 12 weeks of unpaid, job-protected leave in a 12-month period for a birth and to care for the newborn, or for their own serious health condition, including pregnancy complications and recovery from childbirth. Health coverage continues during leave, and you return to the same or an equivalent job.
Sources
- 1.About Temporary Disability Insurance Hawaii Department of Labor and Industrial Relations, Disability Compensation Division. Accessed October 9, 2026.
- 2.Frequently asked questions about Temporary Disability Insurance Hawaii Department of Labor and Industrial Relations, Disability Compensation Division. Accessed October 9, 2026.
- 3.2026 Maximum Weekly Wage Base and Maximum Weekly Benefit Amount (Dec. 10, 2025) Hawaii Department of Labor and Industrial Relations, Disability Compensation Division. Accessed October 9, 2026.
- 4.Forms - Disability Compensation Division Hawaii Department of Labor and Industrial Relations, Disability Compensation Division. Accessed October 9, 2026.
- 5.Hawaii Family Leave (FAQ on the Hawaii Family Leave Law, HRS ch. 398) Hawaii Department of Labor and Industrial Relations, Wage Standards Division. Accessed October 9, 2026.
Show all 12 sourcesShow fewer sources
- 6.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
- 7.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 8.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 9.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 10.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 11.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 12.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.