§392-3  Definitions generally.  As used
in this chapter, unless the context clearly requires otherwise:



"Benefit year" with respect to any
individual means the one-year period beginning with the first day of the first
week of disability with respect to which the individual first files a valid
claim for temporary disability benefits.  A subsequent benefit year is the
one-year period following a preceding benefit year, beginning either (A) with
the first day of the first week of disability with respect to which the
individual files a subsequent claim for temporary disability benefits, or (B)
with the first workday following the expiration of the preceding benefit year
if a disability for which temporary disability benefits are payable during the
last week of the preceding benefit year continues and the individual is
eligible for further benefit payments.



"Contributions" means the amounts of
money authorized by this chapter to be withheld from employees' wages for the
payment of temporary disability benefits.



"Department" means the department of
labor and industrial relations.



"Director" means the director of
labor and industrial relations.



"Disability" means total inability of
an employee to perform the duties of the employee's employment caused by
sickness, pregnancy, termination of pregnancy, or accident other than a work
injury as defined in section 386-3.



"Employer" means any individual or
type of 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 has one or
more individuals in employment during any day or portion of a day.



"Employment" and "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,
except as otherwise provided in sections 392-4 and 392-5.



"Recipient of social service
payments" includes:



(1)  A person who is an eligible recipient of social
services such as attendant care and day care services; and



(2)  A corporation or private agency that contracts
directly with the department of human services to provide attendant care and
day care services authorized under the Social Security Act, as amended.



"Wages" means all remuneration for
services from whatever source, including commissions, bonuses, tips or
gratuities received in the course of employment from others than the employer
to the extent that they are customary and expected in that type of employment
and reported to the employer for payroll tax deduction purposes, and the cash value
of all remuneration in any medium other than cash.



The director may issue regulations for the
reasonable determination of the cash value of remuneration in any medium other
than cash.



Wages do not include the amount of any payment
specified in section 383-11.



"Weekly benefit amount" means the
amount payable under this chapter for a period of continuous disability
throughout a calendar week.  If the period of disability or the initial or
terminal portion thereof is shorter than a calendar week, the benefit amount
payable for that portion shall be the weekly benefit amount multiplied by a
factor consisting of a quotient having the number of workdays lost during the
portion of the week for the enumerator and the number of regular workdays of
the employee during a calendar week for the denominator. [L 1969, c 148, pt of
§1; am L 1973, c 61, §1; am L 1980, c 32, §1; gen ch 1993; am L 2007, c 259, §4]



 



Revision Note



 



  Numeric designations deleted.