As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
1.Administrator.
"Administrator" means the department administering the program or an authorized 3rd party conducting any functions necessary to implement and operate the program.
2.Authority.
"Authority" means the Paid Family and Medical Leave Benefits Authority, under section 850‑O.
3.Average weekly wage.
"Average weekly wage," as used to establish the maximum weekly benefit amount for purposes of this subchapter, means 1/52 of aggregate total wages paid in the State for a covered individual, as reported on employer contribution reports for the calendar year, divided by the arithmetic mean of midmonth weekly covered employment reported on employer contribution reports f
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As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
1.
Administrator.
"Administrator" means the department administering the program or an authorized 3rd party conducting any functions necessary to implement and operate the program.
2.
Authority.
"Authority" means the Paid Family and Medical Leave Benefits Authority, under section 850‑O.
3.
Average weekly wage.
"Average weekly wage," as used to establish the maximum weekly benefit amount for purposes of this subchapter, means 1/52 of aggregate total wages paid in the State for a covered individual, as reported on employer contribution reports for the calendar year, divided by the arithmetic mean of midmonth weekly covered employment reported on employer contribution reports for the calendar year in the form and manner determined by the department.
4.
Base period.
"Base period" means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year.
5.
Benefit year.
"Benefit year" means the 12-month period beginning on the first day of the calendar week immediately preceding the first date of approved family or medical leave.
6.
Commissioner.
"Commissioner" means the Commissioner of Labor.
7.
Contributions.
"Contributions" means the payments remitted by an employer or self-employed individual to the fund, as required by this subchapter.
8.
Controller.
"Controller" means the State Controller.
9.
Covered individual.
"Covered individual" means a person who:
10.
Covered service member.
"Covered service member" means:
11.
Department.
"Department" means the Department of Labor.
12.
Domestic partner.
"Domestic partner" has the same meaning as in Title 1, section 72, subsection 2‑C.
13.
Employee.
"Employee" means a person who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment in the State but does not include an independent contractor.
14.
Employer.
"Employer" means:
15.
Employment.
"Employment" means a service performed for wages.
16.
Employment benefits.
"Employment benefits" means all benefits provided or made available to employees by an employer, including, but not limited to, group life insurance, health insurance, disability insurance, sick leave, annual or vacation leave, educational benefits and pensions.
17.
Family leave.
"Family leave" means leave taken pursuant to section 850‑B, subsection 2.
18.
Family leave benefits.
"Family leave benefits" means wage replacement paid pursuant to sections 850‑B and 850‑C to a covered individual while the covered individual is on family leave.
19.
Family member.
"Family member" means, with respect to a covered individual or spouse or domestic partner of a covered individual:
20.
Fund.
"Fund" means the Paid Family and Medical Leave Insurance Fund established under section 850‑E.
21.
Health care provider.
"Health care provider" means an individual licensed to practice medicine, surgery, dentistry, chiropractic, podiatry, midwifery or osteopathy or any other individual determined by the administrator to be capable of providing health care services.
22.
Medical leave.
"Medical leave" means leave taken pursuant to section 850‑B, subsection 3.
23.
Medical leave benefits.
"Medical leave benefits" means wage replacement paid pursuant to sections 850‑B and 850‑C to a covered individual while the covered individual is on medical leave.
24.
Program.
"Program" means the paid family and medical leave benefits program established in section 850‑B.
25.
Qualifying exigency.
"Qualifying exigency" means an exigency determined pursuant to the federal Family and Medical Leave Act of 1993, 29 United States Code, Section 2612(a)(1)(E).
26.
Safe leave.
"Safe leave" means any leave taken because the covered individual or the covered individual's family member is a victim of violence, assault, sexual assault under Title 17‑A, chapter 11, stalking or any act that would support an order for protection under Title 19‑A, chapter 103. Safe leave under this subchapter applies if the covered individual is using the leave to protect the covered individual or the covered individual's family member by:
27.
Self-employed individual.
"Self-employed individual" means an independent contractor as described in section 1043, subsection 11, paragraph E, a sole proprietor, a member of a limited liability company or limited liability partnership or an individual whose net profit or loss from a business must be reported to the Department of Administrative and Financial Services, Bureau of Revenue Services and who resides in the State.
28.
Serious health condition.
"Serious health condition" means an illness, injury, impairment, pregnancy, recovery from childbirth or physical, mental or psychological condition that involves inpatient care in a hospital, hospice or residential medical care center or continuing treatment by a health care provider.
29.
Spouse.
"Spouse" has the same meaning as in Title 18‑C, section 1‑201, subsection 54.
30.
State average weekly wage.
"State average weekly wage" means the average weekly wage as published by the department for the State as a whole for the 12 most recently reported months.
31.
Wages.
"Wages" includes, but is not limited to, salary, wages, tips, commissions and other compensation as determined by rule. For a self-employed individual who elects coverage under section 850‑G, "wages" includes, but is not limited to, self-employment income as defined by 26 United States Code, Section 1402(b).
32.
Weekly benefit amount.
"Weekly benefit amount" means the amount of wage replacement paid to a covered individual on a weekly basis while the covered individual is on family leave or medical leave as provided in section 850‑C.