17Annual rate of salary of certain employees where anniversary of birth occurs during period of leave of absence etc.

#### 17 Annual rate of salary of certain employees where anniversary of birth occurs during period of leave of absence etc. (1) Where: (a) a certificate in respect of an eligible employee has been given by the Commissioner under subregulation 6(2); (b) during any part of the period specified in the certificate: (i) the eligible employee, not being an eligible employee referred to in subparagraph (ii), was on leave of absence; or (ii) the eligible employee, being an eligible employee in respect of whom the circumstances referred to in paragraph 13(2)(b) or (c) apply, was on prescribed leave; (c) an anniversary of the birth of the eligible employee occurred during that period of leave of absence or prescribed leave; and (d) subregulation 6(3) applies in relation to the eligible employee; the annual rate of salary of the eligible employee on that anniversary of his birth shall, for the purposes of section 46 of the Act, be an amount per annum equal to the annual rate of salary that would be payable to the eligible employee on that anniversary if he had continued to perform during the period of leave of absence or prescribed leave the duties or work last performed by him before the commencement of that period. (2) Where: (a) a certificate in respect of an eligible employee has been given by the Commissioner under subregulation 10(3); (b) during any part of the period specified in the certificate the eligible employee was on leave of absence; (c) an anniversary of the birth of the eligible employee occurred during that period of leave of absence; and (d) subregulation 10(4) applies in relation to the eligible employee; the annual rate of salary of the eligible employee on that anniversary of his birth shall, for the purposes of section 46 of the Act, be an amount per annum equal to the annual rate of salary that would be payable to the eligible employee on that anniversary if he had continued to perform during the period of leave of absence the work last performed by him before the commencement of the period of leave of absence. (3) Where: (a) a certificate in respect of an eligible employee to whom regulation 15 applies has been given by the Commissioner under subregulation 15(4); (b) during any part of the period specified in the certificate the eligible employee was on prescribed leave; (c) an anniversary of the birth of the eligible employee occurred during that period of prescribed leave; and (d) subregulation 15(5) applies in relation to the eligible employee; the annual rate of salary of the eligible employee on that anniversary of his birth shall, for the purposes of section 46 of the Act, be an amount per annum equal to the annual rate of salary that would be payable to the eligible employee on that anniversary if he had continued to undertake during the period of prescribed leave the prescribed employment last undertaken by him before the commencement of the period of prescribed leave.