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2.21.232    LUMP-SUM PAYMENT UPON TERMINATION

(1) As provided in 2-18-617, MCA, "an employee who terminates employment for a reason not reflecting discredit on the employee is entitled upon the date of termination to cash compensation for unused vacation leave, assuming that the employee has worked the qualifying period set forth in 2-18-611."

(2) Any reason for termination as provided in this section which results in forfeiture of the lump-sum payment is subject to the appropriate grievance procedure.

(3) The value of unused vacation leave is computed based on the employee's salary rate at the time of termination. Payment is the responsibility of the agency from which the employee is terminating.

(4) Where the employee works in more than one agency, upon termination from one position the employee may, at the remaining agency's discretion, transfer leave credits to the remaining position. If the employing agency will not accept the transfer of credits, it is the responsibility of the agency from which the employee is terminating to cash out the employee, as provided in this rule.

(5) If both positions are in the same agency, the agency may choose to either cash out credits accrued to the terminated position or transfer credits to the position the employee continues to fill.

History: Sec. 2-18-604, MCA; IMP, 2-18-617 and 2-18-621, 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, 1997 MAR p. 1442, Eff. 8/19/97.

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