Sec.
§
21.005
Determination of gross weekly salary or wage of employee for purposes of chapter.
1.
For the purposes of this chapter:
(a)
Except as otherwise provided in paragraphs (b) and (c), the gross weekly salary or wage of an employee must be determined by dividing the employee’s gross earnings for the current calendar year as of the date the most recent writ of garnishment was issued by the total number of weeks the employee has worked in the current calendar year.
(b)
If the most recent writ of garnishment was issued at the beginning of the current calendar year before an employee received any earnings in the current calendar year, but the employee received earnings in the previous calendar year, the gross weekly salary or wage of the employee must be determined by dividing the employee’s gross earnings for the previous calendar year by the total number of weeks the employee worked in the previous calendar year.
(c)
If an employee has not been employed long enough to have been paid as of the date the most recent writ of garnishment was issued, or if the provisions of paragraph (a) or (b) do not otherwise apply, the gross weekly salary or wage of the employee is the anticipated gross weekly earnings of the employee as determined by his or her employer.
2.
For the purpose of determining the total number of weeks an employee has worked in the current calendar year pursuant to paragraph (a) of subsection 1 or the total number of weeks an employee worked in the previous calendar year pursuant to paragraph (b) of subsection 1, if the total number of weeks is not exact, the number must be:
(a)
Rounded down if the number of days the employee was on the payroll of the employer in excess of a whole week is 3 days or less; and
(b)
Rounded up if the number of days the employee was on the payroll of the employer in excess of a whole week is 4 days or more.