[§392-2]  Findings and purpose.  A large
portion of the labor force of this State annually is disabled from pursuing
gainful employment by reason of nonoccupational sickness or accident and as a
result suffers serious loss of income.  In approximately ten per cent of the
cases such sickness or accident can be expected to cause disability of more
than one week's duration.  More than two-fifths of the employees in private
employment have either no fixed legal protection against wage loss from
disabling nonoccupational sickness or accident, or only protection for a period
of one workweek or less; more than one-third of the workers covered by formal
sick leave plans are not protected against disability extending beyond two
workweeks.  Since the hardship for workers and their families mounts with the
extension of the duration of the disability from whatever cause, there is a
need to fill the existing gaps in protection and to provide benefits to
individuals in current employment that will afford to them reasonable
compensation for wage loss caused by disabling nonoccupational sickness or
accident where the disability is temporary in nature and exceeds the period of
one workweek.  This legislation is designed not to impede the growth of
voluntary plans which afford additional protection.



This chapter shall be liberally construed in
the light of the stated reasons for its enactment and its declared purpose. [L
1969, c 148, pt of §1]



 



Attorney General Opinions



 



  Where department has a TDI plan for its full-time teachers
and a TDI plan for A+ employees, and an individual is employed by department as
both a full-time teacher and an A+ employee and becomes disabled for both jobs,
allowing department to pay only under one TDI plan would produce a harsh result
that is contrary to the legislative intent to provide benefits commensurate
with wage loss from all employments and this section's command to construe the
statute "liberally ... in the light of the stated reasons for its
enactment".  Att. Gen. Op. 97-9.



 



Case Notes



 



  Cited:  73 H. 403, 833 P.2d 890.