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Public School Teacher TDI Hawaii

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  • Public School Teacher TDI Hawaii

    My wife applied for TDI and was denied due to teachers receiving their sick leave lump sum in the beginning of the school year.

    The situation was that she went to visit family on another island. She went into preterm labor was put on bed rest and was not cleared to fly home. She used up whatever remaining sick leave she had and was forced to take LWOP since the TDI was denied.

    She was not applying for maternity leave with pay...but was unable to return to work due to doctor's orders. FYI...she was also hospitalized for a week.

    It seems that no teacher employed by the State Department of Education will EVER qualify for TDI since they get their sick leave in the beginning. Does this sound right? All appeals to Hawaii TDI office came back as is. "You do not qualify for TDI". If anyone can help me understand why she did not qualify, i would greatly appreciate it!

  • #2
    I don't know why she was denied. Could be any number of reasons. I don't see anything about receiving sick leave as a lump sum that would disqualify her.

    You mention she teaches in a public school and most teachers are in a union. It is also incredibly common for teachers' unions to have their own extended leave banks, which is one of the exceptions to the law.

    If she was not medically unable to work, but only unable to get to work, she would likely not qualify as disabled.

    She would also have to be disabled for more than 8 days before TDI would kick in.


    http://hawaii.gov/labor/dcd/abouttdi.shtml
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      thanks for the reply. she was both medically and physically unable to go back to work. i think that exception is what the TDI office is claiming.

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