(1)
An employee’s average weekly income from work must be determined by—
calculating the sum of the employee’s gross weekly earnings, from all employments, for the 26 weeks out of the relevant 52-week period in respect of which the highest amounts were earned by the employee (whether or not those weeks were consecutive); and
dividing the amount calculated in accordance with paragraph (a) by 26.
(2)
In subsection (1), relevant 52-week period, in respect of an eligible employee, means the 52 weeks immediately preceding—
the expected date of delivery of the child (in the case of a child to be born to the employee or to the employee’s spouse or partner); or
the first date on which either the employee or the employee’s spouse or partner becomes the primary carer in respect of the child (in any other case).
Section 71CAA: inserted, on 1 April 2016, by section 53 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).