HAR §12-27-1. Definitions

As used in this chapter: "Attorney general" means the State attorney general or any deputy of the State attorney general. "Benefit" means any employment benefit (other than salary or wages) provided or made available to an employee by an employer, including group life insurance, health insurance, disability insurance, paid and unpaid leave, educational benefits, and pension, regardless of whether the benefit is provided by a policy or practice of an employer or by an employee benefit plan as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)). "Calendar week" means the period from Sunday to Saturday of each week. "Calendar year" means the period from January to December of each year. "Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee. For purposes of this chapter: 27-2 §12-27-1 (1) For the serious health condition of a child of the employee, there is no age limitation, except as imposed by a court under the terms of a foster care order. (2) A foster child means an individual who is placed with the employee for care under court appointed supervision or through other authorized child service agencies pursuant to foster custody provisions of chapter 587, HRS. When the court or authorized agency terminates the foster care arrangement, the individual no longer meets this definition. (3) A stepchild means the biological son or daughter of the employee’s spouse. When an employee is divorced from the biological parent of the child, the stepparent-child relationship ceases. "Complaint" means a verified written statement filed with the department, alleging an unlawful practice within the meaning of the statute. "Complainant" means the person who has filed a complaint. "Department" means the department of labor and industrial relations. "Director" means the director of labor and industrial relations. "Employee" means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under the statute. "Employer" means any individual or organization, including the State, any of its political subdivisions, any instrumentality of the State or its political subdivisions, any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who employs one hundred or more employees for each working day during each of twenty or more calendar weeks in the current or preceding calendar year. 27-3 §12-27-1 "Employment" or "employed" means service, including service in interstate commerce, performed for wages under any contract of hire, written or oral, express or implied, with an employer. "Health care provider" means a physician as defined under section 386-1, HRS, which includes a doctor of medicine, a dentist, a chiropractor, an osteopath, a naturopath, a psychologist, an optometrist, and a podiatrist. "Hearings officer" means a person appointed by the director to conduct hearings under the statute. "HRS" means Hawaii Revised Statutes. "Parent" means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, or a grandparent-in-law. For purposes of the statute: (1) When the foster care arrangement is terminated by the court or authorized agency, the individual no longer meets this definition. (2) Parent-in-law means the parent of the employee’s spouse. (3) Stepparent means the spouse of the employee’s biological parent. (4) Grandparent means the biological or adoptive grandparent of the employee. (5) Grandparent-in-law means the biological or adoptive parent of the employee’s spouse. "Reciprocal beneficiary" shall be as recognized in Hawaii under chapter 572C, HRS. Requisites of a valid reciprocal relationship and registration as reciprocal beneficiaries are as provided in sections 572C-4 and 572C-5, HRS. "Serious health condition" means a physical or mental condition that warrants the participation of the employee to provide care during the period of treatment or supervision by a health care provider, and: (1) Involves inpatient care in a hospital, hospice, or residential health care facility; or 27-4 §12-27-1 (2) Requires continuing treatment or continuing supervision by a health care provider. To further clarify, "serious health condition" under Title 29, subpart A, section 825.114, and subpart H, section 825.800, of the Code of Federal Regulations as it existed on April 6, 1995, are incorporated by reference, subject to the following: (1) Under section 825.114(a)(2)(ii), and under the section 825.800 definition of "serious health condition", pregnancy and prenatal care are not considered serious health conditions unless certified by a health care provider; (2) Where the term appears in sections 825.114 and 825.800, "health care provider" shall be as defined under the statute; and (3) "Serious health condition" is limited to the employee’s child, parent, spouse or reciprocal beneficiary as defined under the statute, and does not apply to an employee’s own serious health condition. "Spouse" means a husband or wife as recognized under chapter 572, HRS, relating to marriage in Hawaii. "Statute" means chapter 398, HRS. "Verified" means sworn to or affirmed before a notary public or an authorized departmental representative. "Wages" or "pay" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, salary, or other basis of calculation. It shall include the reasonable cost, as determined by the department under chapter 387, HRS, to the employer of furnishing an employee with board, lodging, or other facilities if such board, lodging, or other facilities are customarily furnished by the employer to the employer's employees, but shall not include tips or gratuities of any kind. "Week" means the equivalent number of hours in the employee’s regular workweek. For an employee with work hours that vary each week, the average number of 27-5 §12-27-1 work hours during the four weeks prior to the request for family leave will constitute a week for purposes of this chapter. [Eff 2/3/05 ] (Auth: HRS §398-11) (Imp: HRS §§398-11)