New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 8E

8E Adjustment for unpaid leave--Schedule 3, clause 2(3)(a) of 1987 Act

(1) The relevant earning period for a worker is to be adjusted in accordance with this clause if, during any period of not less than seven consecutive calendar days within the unadjusted earning period--

(a) no earnings in the employment were paid or payable to the worker, and

(b) the worker took a period of unpaid leave (
"the unpaid leave period" ) commencing on the first day of that consecutive period.

(2) The relevant earning period is to be adjusted by excluding each day (whether or not the day was a usual work day for the worker) of the period commencing on the first day of the unpaid leave period and ending immediately before the day on which earnings in the employment once again became payable to the worker.