Definitions

For the purposes of this Article:

(a)“Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. Except when leave is taken for the purposes of § 3603(c)(4), a child shall be either of the following:

(1)under eighteen

(18)years of age; or

(2)an adult dependent child.

(b)“Employer” means either of the following:

(1)Any person (including any individual, association, partnership, corporation, company, entity, or organized group of persons acting directly or indirectly in the interest of an employer in relation to an employee) who directly employs twenty

(20)or more persons to perform services for a wage or salary; or”

(2)The government of Guam, and any governmental entity, department, agency, commission, instrumentality, or public corporation, but excluding the United States government. COL08222024 CH. 3 FAIR LABOR STANDARDS The government of Guam and each respective governmental entity, department, agency, commission, instrumentality, or public corporation acting as an employer under this Article shall be responsible for the development of the necessary rules and regulations to ensure that the intent of this Article is followed and implemented pursuant to the Administrative Adjudication Law under Chapter 9, Title 5, Guam Code Annotated, or other applicable law.

(c)“Family care and medical leave” means any of the following:

(1)leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee;

(2)leave to care for a parent, spouse, or child of an employee, or a parent or child of the spouse of an employee, who has a serious health condition;

(3)leave because of an employee’s own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions;

(4)leave for reason of the death of a family member of the employee; or leave for reason of occurrence of a miscarriage or stillbirth by the employee or family member of the employee.

(d)“Employment” in the same or a comparable position” means employment in a position that has the same or similar duties and pay that can be performed at the same or similar geographic location as the position held prior to the leave.

(e)“Family member” means any of the following:

(1)a spouse of an employee;

(2)the biological, adoptive, foster, or stepparent or legal guardian of an employee or the spouse of an employee;

(3)the biological, adoptive, foster, stepchild or legal ward of an employee or the spouse of an employee;

(4)a person with whom an employee was or is in a relationship of in loco parentis;

(5)a sibling of an employee; or

(6)a person within one degree of consanguinity or affinity.

(f)“FMLA” means the federal “Family and Medical Leave Act of 1993” (P.L. 103-3), as amended.

(g)“Health care provider” means either of the following:

(1)a person who is licensed to practice medicine under the provisions of Article 2 (Physician’s Practice Act), Chapter 12, Title 10 Guam Code Annotated; or an individual licensed to practice medicine in another state or jurisdiction who directly treats or supervises the treatment of the serious health condition for which leave under this Article is taken; or

(2)any other person determined by the United States Secretary of Labor to be capable of providing health care services under the FMLA.

(h)“Parent” means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.

(i)“Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either of the following: COL08222024 CH. 3 FAIR LABOR STANDARDS

(1)inpatient care in a hospital, hospice, or residential health care facility; or

(2)continuing treatment or continuing supervision by a health care provider.