(1) "The following are legal state
holidays," as provided in 1-1-216 , MCA:
(a) New Year's Day, January 1;
(b) Martin Luther King Jr. Day, the third Monday in January;
(c) Lincoln's and Washington's Birthdays, the third Monday in February;
(d) Memorial Day, the last Monday in May;
(e) Independence Day, July 4;
(f) Labor Day, the first Monday in September;
(g) Columbus Day, the second Monday in October;
(h) Veteran's Day, November 11;
(i) Thanksgiving Day, the fourth Thursday in November;
(j) Christmas Day, December 25; and
(k) State General Election Day.
(2) "If any holiday . . . falls upon a Sunday, the Monday following is a holiday," as provided in 1-1-216 , MCA. When a holiday falls on a Saturday, the holiday shall be observed on the preceding Friday, except as provided for in ARM 2.21.620(3) .
(3) The employee shall receive holiday benefits and pay for work performed on the day the holiday is observed, unless the employee is scheduled or required to work on the actual holiday. If the employee is scheduled or required to work on the actual holiday, the actual holiday shall be considered as the holiday for purposes of calculating holiday benefits and pay for work performed on a holiday. The employee will receive either holiday benefits for working on the day the holiday is observed or for working on the actual holiday, but not both.
(4) State primary election days are not state holidays.