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

"Benefit year" with respect to anyindividual means the one-year period beginning with the first day of the firstweek of disability with respect to which the individual first files a validclaim for temporary disability benefits.  A subsequent benefit year is theone-year period following a preceding benefit year, beginning either (A) withthe first day of the first week of disability with respect to which theindividual files a subsequent claim for temporary disability benefits, or (B)with the first workday following the expiration of the preceding benefit yearif a disability for which temporary disability benefits are payable during thelast week of the preceding benefit year continues and the individual iseligible for further benefit payments.

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

"Department" means the department oflabor and industrial relations.

"Director" means the director oflabor and industrial relations.

"Disability" means total inability ofan employee to perform the duties of the employee's employment caused bysickness, pregnancy, termination of pregnancy, or accident other than a workinjury as defined in section 386-3.

"Employer" means any individual ortype of organization, including the State, any of its political subdivisions,any instrumentality of the State or its political subdivisions, anypartnership, association, trust, estate, joint stock company, insurancecompany, or corporation, whether domestic or foreign, or receiver or trustee inbankruptcy, or the legal representative of a deceased person, who has one ormore individuals in employment during any day or portion of a day.

"Employment" and "employed"means service, including service in interstate commerce, performed for wagesunder 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 servicepayments" includes:

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

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

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

The director may issue regulations for thereasonable determination of the cash value of remuneration in any medium otherthan cash.

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

"Weekly benefit amount" means theamount payable under this chapter for a period of continuous disabilitythroughout a calendar week.  If the period of disability or the initial orterminal portion thereof is shorter than a calendar week, the benefit amountpayable for that portion shall be the weekly benefit amount multiplied by afactor consisting of a quotient having the number of workdays lost during theportion of the week for the enumerator and the number of regular workdays ofthe 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.