PART I. 
GENERAL PROVISIONS



 



Note



 



  Sections 398-1 to 39811 designated as part I by L 1995, c
154, §2.



 



§398-1  Definitions.  As used in this
chapter, unless the context clearly requires otherwise:



"Child" means an individual who is a
biological, adopted, or foster son or daughter; a stepchild; or a legal ward of
an employee.



"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 this chapter.



"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.



"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.



"Employment benefits" means all
benefits (other than salary or wages) provided or made available to employees
by an employer, and includes group life insurance, accident and health or
sickness insurance, sick leave, annual leave, educational benefits, and
pensions, regardless of whether the benefits are 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)).



"Health care provider" means a
physician as defined under section 386-1.



"Parent" means a biological, foster,
or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a
grandparent, or a grandparent-in-law.



"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



(2)  Requires continuing treatment or continuing
supervision by a health care provider.



"Sick leave":



(1)  Means accrued increments of compensated leave
provided by an employer to an employee for use by the employee for any of the
following reasons:



(A)  The employee is physically or mentally
unable to perform the employee's duties due to illness, injury, or a medical
condition of the employee;



(B)  The absence is for the purpose of obtaining
professional diagnosis or treatment for a medical condition of the employee; or



(C)  The absence is for other medical reasons
of the employee, such as pregnancy or obtaining a physical examination; and



(2)  Shall not include any insurance benefit, workers'
compensation benefit, unemployment compensation due to illness or disability,
or temporary disability insurance benefit. [L 1991, c 328, pt of §1; am L 1995,
c 154, §4; am L 2000, c 253, §130; am L 2003, c 44, §2 and c 212, §7; am L
2005, c 243, §2]