Center for Labor Education & Research
University of Hawai‘i - West O‘ahu
91-1001 Farrington Highway,
Kapolei, HI 96707
(808) 689-2760 - FAX (808) 689-2761
Click here for access to a helpful Glossary of Labor and Legal Terminology
Unemployment Insurance, HRS 383 Officially known as the Hawai‘i Employment Security Law, this law requires employers to pay taxes for each of their workers into an account from which benefits are paid out to covered workers who become involuntarily unemployed. Some benefits paid to employees are charged to the employer's account or paid out of the state's UI Trust Fund.
Hot Link to State DLIR Web-site: Unemployment Insurance Administrative Rules, Title 12, Chapter 5
To be eligible for UI benefits an unemployed individual must meet the following qualifications:
If you have an Adobe Acrobat Reader, you can downloadState of Hawai‘i Unemployment Insurance Division: In Honolulu call 586-8970 or 586-8971 In Waipahu call 675-0030 In Kane‘ohe call 233-3677 On Maui call 984-8400 On Moloka‘i call 553-3631 In Hilo call 974-4086 In Kona call 322-4822 On Kaua‘i call 274-3043 The Weekly Benefit Amount is computed at 1/21 of the total of the claimant's highest quarter wages in the base period, but may not exceed a state maximum.
Benefits may extend for a maximum of 26 weeks and must be paid "promptly" in accord with the decision of the UI Division, even when appeals (to Referee or court) may be pending. If the decision is reversed, benefits are discontinued. Claimants who receive benefits by mistake are liable for repayment unless the overpayment was made without fault of the claimant or where recovery would be against equity or good conscience. * Generally strikers are not eligible for UI benefits. However, the Department has ruled that the disqualification only exists where the labor dispute has caused or resulted in a work stoppage in which there is a 'substantial curtailment of the business activities at the employer's establishment.' Such determinations are made on a weekly basis. State regulation (§12-5-47) also provides that a voluntary separation may still be eligible if resignation was for good cause, which may be found for the following reasons:
If you have an Adobe Acrobat Reader, you can download these useful materials from the State of Hawai'i DLIR website:UI Forms
Hawai‘i's Additional Unemployment Compensation
Law, HRS
385
Dislocated Workers HRS
§394B and
WARN (29 U.S.C. §2101-2109)
\
State Adminstrive Regulations, Title 12, Chapter 506
In 1988, the Congress enacted a similar law known as WARN, Worker Adjustment and
Retraining Notification Act, the federal law requires employers with 100 or more
employees
to give workers a 60-day warning if they shut down a facility with 50 full-time employees or
lay-off one third of the work force at a "single site" for more than six months. Since the law
doesn't say how long an affected worker has to file such a claim, the US Supreme Court has ruled
that time limit to file a claim under the Federal Act should be borrowed from similar state
statutes.
Hawai‘i Temporary Disability Insurance Law, HRS
392
Disabled workers are entitled to 58% of their average weekly wage or a Maximum Weekly Wage
Base (whichever is less) after a seven day waiting period for as long as 26 weeks.
State of Hawai‘i Disability Compensation Division for TDI:
State Brochure: Highlights of Hawaii's TDI Law
The details of the plan required by this law may be waived by the State Department of Labor
(DLIR) if the employer can show evidence that the employer has a plan equivalent in over-all
benefits, but in any case coverage must extend for at least two weeks beyond the termination of
employment.
A disabled employee needs to file a claim on the state TDI-45 form with the employer within 90
days after the beginning of the period of disability.
Benefits must be paid within 10 days from the date that proof of the claim was received. The
cost
to provide TDI benefits may be shared by the employee provided that this share does not exceed
one-half of total cost of the policy and/or .5 percent of the weekly wage base.
In the event an employer denies a Workers' Compensation claim, it must pay out the TDI
benefits
due and seek reimbursement from the WC carrier in the event the DLIR declares the claim
compensable later.
If you have an Adobe Acrobat Reader, you can download Hawai'i Prepaid Health Care Act, HRS 393
The Prepaid health Care Act Compliance Assistance To be eligible an employee must work twenty or more hours per week for four consecutive weeks and earn a monthly wage of at least 86.67 times the minimum hourly wage ($6.25).
State of Hawai'i, Department of Labor & Industrial Relations State Brochure: Highlights of Hawaii's PHC Law The cost of providing PHC may be shared by the employee provided that this share does not exceed the lesser of one-half of total cost of the policy or 1.5% of the employee's monthly wages. In the event an employee is disabled and unable to work, the employer is obligated to enable the employee to continue health care coverage by continuing the employer's share of the PHC premium cost for three months following the month during which the employee became disabled. The employee must maintain the employee's portion of the premium payments As in TDI cases, in the event of a disputed Workers' Compensation claim, PHC must pay the medical expenses and await reimbursement from the WC carrier in the event the DLIR declares the claim compensable later.
If you have an Adobe Acrobat Reader, you can download:
|