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2.21.216    DEFINITIONS

As used in this sub-chapter, the following definitions apply:

(1) "Break in service" means, as provided in 2-18-601, MCA, "a period of time in excess of 5 working days when the person is not employed and that severs continuous employment." A break in service could result from a termination or resignation or could be an absence of more than 5 working days in a row without an approved leave of absence.

(2) "Continuous employment" means, (for purposes of the qualifying period) , as provided in 2-18-601, MCA, "working within the same jurisdiction without a break in service of more than 5 working days or without a continuous absence without pay of more than 15 working days." An approved continuous leave of absence without pay exceeding 15 working days does not constitute a break in service.

(3) "Jurisdiction" means the extent of authority of any state or local government entity within which the limits of authority or control may be exercised. State government is a single jurisdiction.

(4) "Qualifying period" means a 6-calendar month period an employee must be continuously employed to be eligible to use vacation leave credits or to be eligible for a lump-sum payment upon termination for unused vacation leave credits.

(5) "Transfer" means, as provided in 2-18-601, MCA, "a change of employment from one agency to another agency in the same jurisdiction without a break in service."

(6) "Vacation leave" means, as provided in 2-18-601, MCA, "a leave of absence with pay for the purpose of rest, relaxation, or personal business at the request of the employee and with the concurrence of the employer."

(7) "Vacation leave credits" means the earned number of vacation hours an employee is eligible to use upon completion of the qualifying period.

History: Sec. 2-18-604, MCA; IMP, 2-18-601, 2-18-611, 2-18-612, 2-18-614 through 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, 1986 MAR p. 101, Eff. 1/31/86; AMD, 1997 MAR p. 1442, Eff. 8/19/97.

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