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2.21.227    VACATION LEAVE REQUESTS

(1) As provided in 2-18-616, MCA, "the dates when employees' annual vacation leaves shall be granted shall be determined by agreement between each employee and his employing agency, with regard to the best interests of the state ...as well as the best interests of each employee." Where the interest of the state requires the employee's attendance, the state's interest overrides the employee's interest. However, as provided in 2-18-617, MCA, the agency must provide reasonable opportunity for an employee to use rather than forfeit accumulated vacation leave.

(2) An agency shall establish procedures for application for and approval of annual vacation leave in compliance with requirements of this policy.

(3) When approving an employee's request to take annual vacation leave, a supervisor must consider whether the combination of hours worked and annual leave taken will result in more than 40 hours in a pay status in a workweek. Normally, a supervisor shall only approve annual vacation leave that results in an employee receiving pay for 40 hours in a workweek. At any time during the workweek, management may adjust the amount of annual leave taken to maintain a 40-hour workweek.

(4) When it is in the best interest of the agency, management may approve annual leave in combination with time worked that results in more than 40 hours in a pay status in a workweek.

(5) In no case may the number of hours of annual leave taken exceed the number of hours the employee is regularly scheduled to work.

(6) Vacation leave must be taken in minimum increments of one-half hour.

History: Sec. 2-18-604, MCA; IMP, 2-18-616, MCA; NEW, 1980 MAR p. 2899, Eff. 11/15/80; AMD, 1985 MAR p. 100, Eff. 2/1/85; AMD, 1994 MAR p. 151, Eff. 1/28/94; AMD, 2000 MAR p. 1628, Eff. 6/30/00.

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