(1) When the governor of the state of Montana, pursuant to 10-3-302 and 10-3-303, MCA, declares a disaster or emergency, an affected employee of the state shall receive paid time off which is not charged to any accrued leave or compensatory time.

(2) A department head or designee shall determine on a case-by-case basis:

(a) whether or not an employee of the agency is affected by a declared disaster or emergency; and

(b) the period of time for which the employee should receive paid time off under this section.

(3) When the governor's declaration does not define affected employees, employees who want paid time off under this policy shall make a request through their supervisor stating the reasons they were affected.

(4) An employee who reports for work and performs regular duties and responsibilities during a declared disaster or emergency shall be paid the normal salary.   No additional leave shall be granted.

(5) If an employee is requested to return to work to perform essential services during a declared disaster or emergency which requires the general closure of state offices, that employee will be authorized compensatory time in addition to his normal salary.   This provision applies to all exempt employees and to non-exempt employees who have not worked in excess of 40 hours during the work week.