NAC616C.438. Calculation of days in period of earnings.

Each day within a period of earnings must be counted to determine the period of employment, except for days on which an injured employee was:

     1. Absent because of a certified illness or disability, including, without limitation, time for which temporary disability payments were made;

     2. Institutionalized in a hospital or other institution;

     3. Enrolled as a full-time student and not employed on the days of attendance of school;

     4. In military service other than training duty conducted on weekends;

     5. Absent because of an officially sanctioned strike; or

     6. Absent because of leave approved pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.

Ê All other days in the period, including, without limitation, days while on vacation, will be used to calculate the average monthly wage.

     [Industrial Comm’n, No. 40 § 9, eff. 3-26-82]—(NAC A by Div. of Industrial Relations, 3-28-94; R098-98, 12-18-98)