Note

Sections 398-1 to 398-11 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]