As used herein:
"Benefits at least as favorable" means benefits under a plan which meet the requirements of section 12-11-16. A plan shall provide each employee, or each employee of the class or classes of employees included under the plan, cash disability "benefits at least as favorable" as the disability benefits under the law.
"Benefit year" shall be as defined in section 392-3, HRS.
A "class of employees" for whom benefits are provided under a plan that is submitted for acceptance under section 392-41a)(4) or (5), HRS, shall not be a class determined arbitrarily. In order to constitute a class of employees within the provisions of the statutes, there shall be a reasonable basis of classification including, without limitation, type of work performed, work location, salary or wage scale, seniority or length of service, or other conditions pertaining to employment.
"Complete claims service office" means an office which receives and processes temporary disability insurance claims and issues such benefit payments.
"Contributions" shall be as defined in section 392-3, HRS.
"Current employment" includes the period any employee is receiving workers' compensation benefits for temporary total disability, vacation or sick leave pay, or temporary disability insurance benefits.
"Department" means the department of labor and industrial relations.
"Director" shall be as defined in section 392-3, HRS.
"Disability" shall be as defined in section 392-3, HRS.
"Disability during employment" means the total inability of an employee, as a result of injury or sickness not arising out of and in the course of the individual's employment, to perform the regular duties of the individual's employment or the duties of any other employment which the employer may offer the individual at the individual's regular wages.
"Disability during unemployment" means the inability of a claimant to qualify for benefits under chapters 383 and 384, HRS, as a result of injury or sickness not arising out of and in the course of an employment.
"Domestic service in a private home" means service in or about the home of the individual's employer.
"Employee" means any individual who performs services in employment for an employer.
"Employer" shall be as defined in section 392-3, HRS.
"Employment" as defined in section 392-3, HRS, includes services performed by an individual for wages or under any contract of hire irrespective of whether the common-law relationship of master and servant exists unless and until it is shown to the satisfaction of the director that:
(1) The individual has been and will continue to be free from control or direction over the performance of the service, both under the individual's contract of hire and in fact; and
(2) The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprise for which the service is performed; and
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the contract of service.
"Injury or sickness" means accidental injury, disease, infection, or illness. Sickness includes the total inability of an employee to perform the duties of her or usual employment because of pregnancy or the normal incidents of pregnancy or the termination thereof.
"Insurer" as used in section 392-42.5, HRS, means any insurance company authorized by the insurance commissioner to underwrite, sell, or transact temporary disability insurance in the State of Hawaii and any employer or association of employers who has been granted self-insured status under section 392-41, HRS, beginning January 1, 1992.
A "plan" includes any definitive insured or properly self-insured program, effectively providing for employees cash disability benefits that differ from the benefits required to be provided under the statute, either as to rate, waiting period, maximum or minimum benefits, duration of benefit period, or in any other respect. A plan may provide benefits for all of the employees of an employer, or for some class or classes of the employees of an employer.
"Purchase of insurance" means the acceptance as of a specific date of approval of an employer's temporary disability insurance application by an insurance company licensed to sell temporary disability insurance in Hawaii.
"Regular wages" means the wages that the employee would have earned if the disability had not prevented the employee from working.
"Statute" means chapter 392, HRS, entitled temporary disability insurance law.
"Wages" shall be as defined in section 392-3, HRS.
"Week" means a period of seven consecutive days.
"Weekly benefit amount" shall be as defined in section 392-3, HRS.
Haw. Code R. § 12-11-1