HOUSE BILL NO. 29
INTRODUCED BY G. GOLIE
BY REQUEST OF THE LEGISLATIVE COUNCIL
AN ACT REVISING THE DEFINITION OF SHORT-TERM WORKER FOR LEGISLATIVE BRANCH PURPOSES; AND AMENDING SECTIONS 2-18-601 AND 2-18-611, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 2-18-601, MCA, is amended to read:
"2-18-601. Definitions. For the purpose of this part, except 2-18-620, the following definitions apply:
(1) (a) "Agency" means any legally constituted department, board, or commission of state, county, or city government or any political subdivision of the state.
(b) The term does not mean the state compensation insurance fund.
(2) "Break in service" means a period of time in excess of 5 working days when the person is not employed and that severs continuous employment.
(3) "Continuous employment" means 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.
(4) "Employee" means any person employed by an agency except elected state, county, and city officials, schoolteachers, and persons contracted as independent contractors or hired under personal services contracts.
(5) "Full-time employee" means an employee who normally works 40 hours a week.
(6) "Holiday" means a scheduled day off with pay to observe a legal holiday, as specified in 1-1-216 or 20-1-305, except Sundays.
(7) "Part-time employee" means an employee who normally works less than 40 hours a week.
(8) "Permanent employee" means a permanent employee as defined in 2-18-101.
(9) "Seasonal employee" means a seasonal employee as defined in 2-18-101.
(10) "Short-term worker" means:
(a) for the executive and judicial branches, a short-term worker as defined in 2-18-101; or
(b) for the legislative branch, an individual who:
(i) is hired by a legislative agency for an hourly wage established by the agency;
(ii) may not work for the agency for more than 6 months in a continuous 12-month period;
(iii) is not eligible for permanent status;
(iv) may not be hired into another position by the agency without a competitive selection process; and
(v) is not eligible to earn the leave and holiday benefits provided in this part or the group insurance benefits provided in part 7.
(11) "Sick leave" means a leave of absence with pay for a sickness suffered by an employee or a member of the employee's immediate family or for a permanent state employee who is eligible for parental leave under the provisions of 2-18-606.
(12) "Temporary employee" means a temporary employee as defined in 2-18-101.
(13) "Transfer" means a change of employment from one agency to another agency in the same jurisdiction without a break in service.
(14) "Vacation leave" means 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."
Section 2. Section 2-18-611, MCA, is amended to read:
"2-18-611. Annual vacation leave. (1) Each permanent full-time employee shall earn annual vacation leave credits from the first day of employment. Vacation leave credits earned must be credited at the end of each pay period. However, employees are not entitled to any vacation leave with pay until they have been continuously employed for a period of 6 calendar months.
(2) Seasonal employees earn vacation credits. However, seasonal employees must be employed for 6 qualifying months before they may use the vacation credits. In order to qualify, seasonal employees shall immediately report back for work when operations resume in order to avoid a break in service.
(3) Permanent part-time employees are entitled to prorated annual vacation benefits if they have worked the qualifying period.
(4) An employee may not accrue annual vacation leave credits while in a leave-without-pay status.
(5) Temporary employees earn vacation leave credits but may not use the credits until after working for 6 qualifying months.
(6) A short-term worker, as defined in 2-18-101 2-18-601, may not earn vacation leave credits, and time worked as a short-term worker does not apply toward the person's rate of earning vacation leave credits."
- END -
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