For purposes of this section:
(1) "Child" means a biological, adopted, or foster son or daughter; a stepson or stepdaughter; a legal ward; a son or daughter of a domestic partner; or a son or daughter of a person to whom the employee stands in loco parentis who is either:(a) under eighteen years of age; or(b) eighteen years of age or older and incapable of self-care because of a mental or physical disability.(2) "Department" means the Department of Insurance.(3) "Director" means the director of the Department of Insurance.(4) "Employee" means an individual for whom an employer must complete a Form I-9 pursuant to federal law and regulations and does not include an independent contractor.(5) "Family leave" means any leave taken by an employee from work pursuant to Section 38-103-20.(6) "Family leave insurance" means an insurance policy issued to an employer related to a benefit program provided to an employee to pay for a percentage or portion of the employee's income loss due to: (a) the birth of a child or adoption of a child by the employee;(b) the placement of a child with the employee for foster care;(c) care of a family member of the employee who has a serious health condition; or(d) the status of a family member of the employee who is a service member on active duty or who has been notified of an impending call or order to active duty.(7) "Family member" means a child, spouse, or parent, or another person defined as a family member in a policy of insurance issued under this chapter.(8) "Health care provider" means a person licensed to provide health care services under Title 40.(9) "Parent" means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stands in loco parentis to the employee when the employee was a child.(10) "Serious health condition" means an illness, injury, impairment, or physical or mental condition, including transplantation preparation and recovery from surgery related to organ or tissue donation, that involves in-patient care in a hospital, hospice, or residential health care facility, continuing treatment or continuing supervision by a health care provider as defined in the insurance policy. Continuing supervision by a health care provider includes a period of incapacity which is permanent or long term due to a condition for which treatment may not be effective and where the family member need not be receiving active treatment by a health care provider.(11) "Service member" means a member of the United States Armed Forces in active military service.Added by 2024 S.C. Acts, Act No. 206 (HB 4832),s 2, eff. 5/21/2024.