Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-1 - Definitions

Current through June, 2024
As used in this chapter:
"Attorney general" means the State attorney general or any
				  deputy of the State attorney general.
"Benefit" means any employment benefit (other than salary or
				  wages) provided or made available to an employee by an employer, including
				  group life insurance, health insurance, disability insurance, paid and unpaid
				  leave, educational benefits, and pension, regardless of whether the benefit is
				  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) ).
"Calendar week" means the period from Sunday to Saturday of
				  each week.
"Calendar year" means the period from January to December of
				  each year.
"Child" means an individual who is a biological, adopted, or
				  foster son or daughter; a stepchild; or a legal ward of an employee. For
				  purposes of this chapter:
(1) For the serious health condition of a child of the
				  employee, there is no age limitation, except as imposed by a court under the
				  terms of a foster care order.
(2) A foster child means an individual who is placed with the
				  employee for care under court appointed supervision or through other authorized
				  child service agencies pursuant to foster custody provisions of chapter
				  587, HRS. When the court or
				  authorized agency terminates the foster care arrangement, the individual no
				  longer meets this definition.
(3) A stepchild means the biological son or daughter of the
				  employee's spouse. When an employee is divorced from the biological parent of
				  the child, the stepparent-child relationship ceases.
"Complaint" means a verified written statement filed with the
				  department, alleging an unlawful practice within the meaning of the
				  statute.
"Complainant" means the person who has filed a
				  complaint.
"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 the statute.
"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.
"Health care provider" means a physician as defined under
				  section
				  386-1, HRS, which
				  includes a doctor of medicine, a dentist, a chiropractor, an osteopath, a
				  naturopath, a psychologist, an optometrist, and a podiatrist.
"Hearings officer" means a person appointed by the director
				  to conduct hearings under the statute.
"HRS" means Hawaii Revised Statutes.
"Parent" means a biological, foster, or adoptive parent, a
				  parent-in-law, a stepparent, a legal guardian, a grandparent, or a
				  grandparent-in-law. For purposes of the statute:
(1) When the foster care arrangement is terminated by the
				  court or authorized agency, the individual no longer meets this
				  definition.
(2) Parent-in-law means the parent of the employee's
				  spouse.
(3) Stepparent means the spouse of the employee's biological
				  parent.
(4) Grandparent means the biological or adoptive grandparent
				  of the employee.
(5) Grandparent-in-law means the biological or adoptive
				  parent of the employee's spouse.
"Reciprocal beneficiary" shall be as recognized in Hawaii
				  under chapter
				  572C, HRS. Requisites of a valid
				  reciprocal relationship and registration as reciprocal beneficiaries are as
				  provided in sections
				  572C-4
				  and
				  572C-5,
				  HRS.
"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. To further clarify, "serious health condition" under
				  Title 29, subpart A, section 825.114, and subpart H, section 825.800, of the
				  Code of Federal Regulations as it existed on April 6, 1995, are incorporated by
				  reference, subject to the following:
(1) Under section 825.114(a)(2)(ii), and under the section
				  825.800 definition of "serious health condition", pregnancy and prenatal care
				  are not considered serious health conditions unless certified by a health care
				  provider;
(2) Where the term appears in sections 825.114 and 825.800,
				  "health care provider" shall be as defined under the statute; and
(3) "Serious health condition" is limited to the employee's
				  child, parent, spouse or reciprocal beneficiary as defined under the statute,
				  and does not apply to an employee's own serious health condition.
"Spouse" means a husband or wife as recognized under chapter
				  572,
				  HRS, relating to marriage in Hawaii.
"Statute" means chapter
				  398, HRS.
"Verified" means sworn to or affirmed before a notary public
				  or an authorized departmental representative.
"Wages" or "pay" means compensation for labor or services
				  rendered by an employee, whether the amount is determined on a time, task,
				  piece, commission, salary, or other basis of calculation. It shall include the
				  reasonable cost, as determined by the department under chapter
				  387, HRS, to the employer of
				  furnishing an employee with board, lodging, or other facilities if such board,
				  lodging, or other facilities are customarily furnished by the employer to the
				  employer's employees, but shall not include tips or gratuities of any
				  kind.
"Week" means the equivalent number of hours in the employee's
				  regular workweek. For an employee with work hours that vary each week, the
				  average number of work hours during the four weeks prior to the request for
				  family leave will constitute a week for purposes of this
				  chapter.