A period of absence from work due to incapacity for which workers compensation is paid does not constitute 'unpaid leave' for the purpose of adjusting the relevant earning period under reg 8E, meaning the full 52-week period applies to the averaging calculation even where the worker received no 'earnings' during part of that period due to an earlier compensable injury. The regulation-making power under cl 2(3)(a) remains available to address this gap.
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