HRS §378-71
Definitions for domestic or sexual violence leave
This section defines key terms used in the law about leave for domestic or sexual violence. It explains who counts as a child, employee, and health care provider, and what domestic abuse, sexual assault, stalking, and related terms mean. These definitions apply to the rest of this part.
employeesemployers
The statute, as written — Definitions
As used in this part: "Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee. "Course of conduct" means acts over any period of time of repeatedly maintaining a visual or physical proximity to a person or conveying verbal or written threats, including threats conveyed through electronic communications or threats implied by conduct. "Domestic abuse" means conduct defined in section 586-1. "Domestic or sexual violence" means domestic abuse, sexual assault, or stalking. "Electronic communications" includes communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, or pager. "Employee" means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under this chapter. "Health care provider" means a physician as defined under section 386-1. "Sexual assault" means any conduct proscribed by chapter 707, part V. "Stalking" means engaging in a course of conduct directed at a specifically targeted person that would cause a reasonable person to suffer substantial emotional distress or to fear bodily injury, sexual assault, or death to the person or to the person's spouse, parent, child, or any other person who regularly resides in the person's household, and where the conduct does cause the targeted person to have such distress or fear. "Victim services organization" includes: (1) A nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including a rape crisis center; (2) An organization operating a shelter or providing professional counseling services; or (3) An organization providing assistance through the legal process.
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