Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-5-1 - Definitions

Current through June, 2024
For the purposes of this chapter, unless the context clearly
				  requires otherwise:
"Attached to a regular employer" means:
(1) The employee is being offered work each week; or
(2) If no work is being offered:
(A) The employer is maintaining the individual on the payroll
				  by paying for a medical insurance plan or by maintaining the employee's sick
				  leave or vacation credits; or
(B) There is a definite return to work date with the same
				  employer within four weeks;
"Base period" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes, except that where the individual established a valid
				  claim using the alternative base period as provided in section
				  383-29(a)(5)(C),
				  Hawaii Revised Statutes, the base period shall be the Aalternative base period@
				  as defined in section
				  383-1,
				  Hawaii Revised Statutes;
"Benefits" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes;
"Benefit year" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes;
"Calendar quarter" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes;
"Contributions" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes;
"Covered employment" for purposes of requalification under
				  section
				  383-30,
				  Hawaii Revised Statutes, includes:
(1) "Insured work" as defined in section
				  383-1,
				  Hawaii Revised Statutes;
(2) "Federal service" as defined in Chapter
				  85, Title 5, United States
				  Code;
(3) Services performed for an employer who has voluntarily
				  elected coverage under section
				  383-77,
				  Hawaii Revised Statutes.
For purposes of applying the successive benefit year
				  provisions of section
				  383-29(a)(5),
				  Hawaii Revised Statutes, services performed in "covered employment" are subject
				  to the requirements of section
				  12-5-33;
"Department" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes;
"Director" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes;
"Employer" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes;
"Employing unit" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes;
"Employment office" means an office of the employment service
				  division of the department of labor and industrial relations, or any other
				  office authorized by the department to act as a public employment
				  office;
"Full-time" means a forty-hour work week unless regarded
				  otherwise according to the standard practice, custom or agreement in a
				  particular trade, occupation, or business;
"Insured work" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes;
"Partial unemployment" means the unemployment of any
				  individual who, during a particular week, was still attached to that
				  individual's regular employer, earned less than that individual's weekly
				  benefit amount or had no earnings, and who worked less than or did not work
				  that individual's normal customary full-time hours for such regular employer
				  because of lack of full-time work;
"Part-total unemployment" means the unemployment of any
				  individual who, during a particular week, works less than full time and earns
				  less than that individual's weekly benefit amount under circumstances other
				  than those described under the definition of "partial unemployment";
"Pay period" means that period of time during which the wages
				  due on any pay day were earned;
"Physician" shall be as defined in section
				  386-1, Hawaii Revised
				  Statutes;
"Referee" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes;
"Similar remuneration" as defined in section
				  383-1,
				  Hawaii Revised Statutes, requires the following elements:
(1) That the remuneration and time away from the active
				  performance of services is accrued pursuant to the contract of hire or terms
				  and conditions of work based upon past weeks during which services were
				  performed within the employment relationship; and
(2) That the employment relationship continues during the
				  time with respect to which such remuneration is payable;
"Total unemployment" means the unemployment of any individual
				  in any week during which that individual performs no services and with respect
				  to which no wages are payable to that individual;
"Unemployment" shall be as defined in section
				  383-1,
				  Hawaii Revised Statutes, except that no individual shall be deemed to be
				  unemployed in any week in which the individual receives temporary disability
				  insurance benefits pursuant to Chapter
				  392, Hawaii Revised Statutes;
"Valid claim" means a claim for unemployment insurance
				  benefits properly filed under section
				  383-32, Hawaii
				  Revised Statutes, and this chapter by an unemployed individual whom the
				  department finds has met the requirements of section
				  383-29(a)(5),
				  Hawaii Revised Statutes;
"Wages" shall be as defined in section
				  383-10;
"Wages paid" includes wages constructively paid as well as
				  wages actually received by the worker. Wages are constructively paid when they
				  are credited to the account of or set apart for a worker without any
				  substantial restriction as to the time or manner of payment or condition upon
				  which payment is to be made, although not then actually reduced to the worker's
				  possession;
"Wages payable" means wages earned, whether paid or
				  unpaid;
"Week" means a period of seven consecutive calendar days
				  commencing with Sunday and ending at midnight the following Saturday, except
				  that a week of unemployment of an individual who has performed less than
				  full-time work for that individual's regular employer may be deemed to begin
				  with the first day of the individual's established pay period, upon showing by
				  the employer that submission of low earnings report as required by section
				  12-5-17(h) for
				  periods other than established payroll weeks would be unduly burdensome;
"Week of employment" means, for the purpose of section
				  383-1,
				  Hawaii Revised Statutes, a week in which the individual has performed services
				  during any portion of a day, for two days within a week, or during any four
				  hours within such week for one or more subject employers or with respect to
				  which an individual has remuneration from one or more subject employers in the
				  form of vacation, holiday, or sickness pay or similar remuneration;
"Weekly benefit amount" means the amount derived by dividing
				  an individual's total high quarter wages by twenty-one and rounded to the next
				  higher multiple of $1; except that, for purposes of section
				  383-29(a)(5),
				  Hawaii Revised Statutes, the amount equals to one twenty-first of the
				  individual's total high quarter wages prior to rounding to a whole dollar
				  amount shall be used;
"Work" for purposes of applying the disqualification pursuant
				  to section
				  383-30,
				  Hawaii Revised Statutes, includes:
(1) Services performed in "covered employment" as defined in
				  this section; and
(2) Excluded services under section
				  383-7, Hawaii
				  Revised Statutes.