PART I. GENERAL PROVISIONS

 

Note

 

  Sections 398-1 to 39811 designated as part I by L 1995, c154, §2.

 

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

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

"Department" means the department oflabor and industrial relations.

"Director" means the director oflabor and industrial relations.

"Employee" means a person whoperforms services for hire for not fewer than six consecutive months for theemployer from whom benefits are sought under this chapter.

"Employer" means any individual ororganization, including the State, any of its political subdivisions, anyinstrumentality of the State or its political subdivisions, any partnership,association, trust, estate, joint stock company, insurance company, orcorporation, whether domestic or foreign, or receiver or trustee in bankruptcy,or the legal representative of a deceased person, who employs one hundred ormore employees for each working day during each of twenty or more calendarweeks in the current or preceding calendar year.

"Employment" or "employed"means service, including service in interstate commerce, performed for wages underany contract of hire, written or oral, express or implied, with an employer.

"Employment benefits" means allbenefits (other than salary or wages) provided or made available to employeesby an employer, and includes group life insurance, accident and health orsickness insurance, sick leave, annual leave, educational benefits, andpensions, regardless of whether the benefits are provided by a policy orpractice of an employer or by an employee benefit plan as defined in section3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.1002(1)).

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

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

"Serious health condition" means aphysical or mental condition that warrants the participation of the employee toprovide care during the period of treatment or supervision by a health careprovider, and:

(1)  Involves inpatient care in a hospital, hospice,or residential health care facility; or

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

"Sick leave":

(1)  Means accrued increments of compensated leaveprovided by an employer to an employee for use by the employee for any of thefollowing reasons:

(A)  The employee is physically or mentallyunable to perform the employee's duties due to illness, injury, or a medicalcondition of the employee;

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

(C)  The absence is for other medical reasonsof 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 L2005, c 243, §2]