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Section 19 (3) (b) commences with “... where the employee is employed for 25% or less of his or her normal weekly hours ...”. To gauge the percentage hours worked, the actual hours worked will need to be divided by the employee's normal weekly hours (NWH) at the date of injury3.
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Example |
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An employee normally works a 36h, 45m per week. |
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Coming back to work on a graduated return, he can only initially work 6 hours per week. |
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The calculation to work out the percentage hours being worked is: |
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6 divided by 36.75 (36h, 45m in decimal weeks) = 16.32% |
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Working 25% of his hours or less, the employee is entitled to 80% NWE in accordance with section 19(3)(b), but that 80% includes his ability to earn. |