Haw. Code R. § 12-5-1

Current through April, 2024
Section 12-5-1 - Definitions

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.

Haw. Code R. § 12-5-1

[Eff. 6/26/81; am 3/10/86; am 9/23/89; am 10/12/00; am 11/6/06] (Auth: HRS § 383-92) (Imp: HRS §§ 383-1, 383-22, 383-29, 383-30, 383-33, 383-34, 383-44, 383-62, 383-70, 383-94)