Section Sch1-44 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Weekly earnings if employee on unpaid parental leave immediately before his or her incapacity commenced

44 Weekly earnings if employee on unpaid parental leave immediately before his or her incapacity commenced (1) This clause applies to a claimant who is an employee on unpaid parental leave immediately before his or her incapacity commenced. (2) For the purposes of calculating the claimant's weekly earnings, the date he or she began parental leave is deemed to be the date his or her incapacity commenced. (3) For the purposes of determining the commencement date of entitlement to compensation for loss of earnings, the date on which the claimant would otherwise be required to return to work at the end of the parental leave is deemed to be the date his or her incapacity commenced. (4) Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a treatment injury, payments under this clause come from the Earners' Account. (5) If this clause applies the claimant is entitled to the greater of— (a) weekly compensation for loss of earnings arising from the application of this clause: (b) weekly compensation for loss of earnings arising from an entitlement under any other provision of this schedule. (6) Parental leave must not be treated as paid leave for the purposes of this clause only because the person may be entitled to a payment in respect of the leave under Part 7A of the Parental Leave and Employment Protection Act 1987 . Subclause (4) was substituted, as from 1 July 2005, by section 60(4) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). Subclause (6) was inserted, as from 1 July 2002, by section 6 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).