Hawaii Revised Statutes 386-142 – Employment rights of injured employees
Terms Used In Hawaii Revised Statutes 386-142
- Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 386-1
- Employee: means any individual in the employment of another person. See Hawaii Revised Statutes 386-1
- Employer: means any person having one or more persons in the person's employment. See Hawaii Revised Statutes 386-1
- Employment: means any service performed by an individual for another person under any contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully entered into. See Hawaii Revised Statutes 386-1
- Work injury: means a personal injury suffered under the conditions specified in § 386-3. See Hawaii Revised Statutes 386-1
It shall be unlawful for any employer to suspend or discharge any employee solely because the employee suffers any work injury which is compensable under this chapter and which arises out of and in the course of employment with the employer unless it is shown to the satisfaction of the director that the employee will no longer be capable of performing the employee’s work as a result of the work injury and that the employer has no other available work which the employee is capable of performing. Any employee who is suspended or discharged because of such work injury shall be given first preference of reemployment by the employer in any position which the employee is capable of performing and which becomes available after the suspension or discharge and during the period thereafter until the employee secures new employment. This section shall not apply to the United States or to employers subject to part III of chapter 378.