![](data:image/svg+xml;base64,PD94bWwgdmVyc2lvbj0iMS4wIiBlbmNvZGluZz0iVVRGLTgiPz4KPHN2ZyB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciIHhtbG5zOnhsaW5rPSJodHRwOi8vd3d3LnczLm9yZy8xOTk5L3hsaW5rIiB3aWR0aD0iMTQ4Ny41cHQiIGhlaWdodD0iMTkyNXB0IiB2aWV3Qm94PSIwIDAgMTQ4Ny41IDE5MjUiIHZlcnNpb249IjEuMiI+CjxnIGlkPSJzdXJmYWNlNjEiPgo8L2c+Cjwvc3ZnPgo=)
AVERAGE WEEKLY WAGE SHALL BE TAKEN TO BE ONE-FIFTEENTH OF
THE TOTAL WAGES WHICH THE EMPLOYEE HAS EARNED FROM ALL
OCCUPATIONS DURING THE 12 CALENDAR MONTHS IMMEDIATELY
PRECEDING THE LEAVE, UNLESS IT BE SHOWN THAT DURING SUCH
YEAR, BY REASON OF EXCEPTIONAL CAUSES, SUCH METHOD OF
CALCULATION DOES NOT CLEARLY PROVIDE THE EARNINGS OF THE
EMPLOYEE, IN WHICH CASE THE PERIOD FOR CALCULATION SHALL
BE EXTENDED SO FAR AS TO GIVE A BASIS FOR THE FAIR
ASCERTAINMENT OF AVERAGE WEEKLY EARNINGS.
(VIII) THE TERMS "AVERAGE WEEKLY WAGE" AND "TOTAL
WAGES," AS USED IN THIS PARAGRAPH SHALL INCLUDE BOARD AND
LODGING RECEIVED FROM THE EMPLOYER AND GRATUITIES
REPORTED TO THE UNITED STATES INTERNAL REVENUE SERVICE BY
OR FOR THE EMPLOYEE FOR FEDERAL INCOME TAX PURPOSES. THE
TERMS SHALL NOT INCLUDE AMOUNTS DEDUCTED BY THE EMPLOYER
UNDER THE CONTRACT OF HIRING FOR LABOR FURNISHED OR PAID
FOR BY THE EMPLOYER AND NECESSARY FOR THE PERFORMANCE OF
THE CONTRACT BY THE EMPLOYEE, NOR SHALL THE TERMS INCLUDE
DEDUCTIONS FROM WAGES DUE TO THE EMPLOYER FOR RENT AND
SUPPLIES NECESSARY FOR THE EMPLOYEE'S USE IN THE
PERFORMANCE OF THEIR LABOR, NOR SHALL THE TERMS INCLUDE
FRINGE BENEFITS, INCLUDING, BUT NOT LIMITED TO, EMPLOYER
PAYMENTS FOR OR CONTRIBUTIONS TO A RETIREMENT, PENSION,
HEALTH AND WELFARE, LIFE INSURANCE, SOCIAL SECURITY OR
ANY OTHER PLAN FOR THE BENEFIT OF THE EMPLOYEE OR THEIR
DEPENDENTS. HOWEVER, PROVIDED THAT THE AMOUNT OF ANY
BONUS, INCENTIVE OR VACATION PAYMENT EARNED ON AN ANNUAL
BASIS SHALL BE EXCLUDED FROM THE CALCULATIONS UNDER
SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI). SUCH
PAYMENTS, IF ANY, SHALL INSTEAD BE DIVIDED BY 52 AND THE
20230HB0181PN1461 - 16 -
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