Montana Code Annotated 2015

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     2-18-101. Definitions. As used in parts 1 through 3 and part 10 of this chapter, the following definitions apply:
     (1) "Agency" means a department, board, commission, office, bureau, institution, or unit of state government recognized in the state budget.
     (2) "Base salary" means the amount of compensation paid to an employee, excluding:
     (a) state contributions to group benefits provided in 2-18-703;
     (b) overtime;
     (c) fringe benefits as defined in 39-2-903; and
     (d) the longevity allowance provided in 2-18-304.
     (3) "Benchmark" means a representative position in a specific occupation that is used to illustrate the application of the job evaluation factor used to determine the pay band for an occupation.
     (4) "Board" means the board of personnel appeals established in 2-15-1705.
     (5) "Broadband classification plan" means a job evaluation method that measures the difficulty of the work and the knowledge or skills required to perform the work.
     (6) "Broadband pay plan" means a pay plan using a pay hierarchy of broad pay bands based on the broadband classification plan.
     (7) "Compensation" means the annual or hourly wage or salary and includes the state contribution to group benefits under the provisions of 2-18-703.
     (8) "Competencies" means sets of measurable and observable knowledge, skills, and behaviors that contribute to success in a position.
     (9) "Competitive pay zone" means that portion of the pay range for a band level of an occupation that is most consistent with the pay being offered by competing employers for fully competent employees within that occupation.
     (10) "Department" means the department of administration created in 2-15-1001.
     (11) (a) Except in 2-18-306, "employee" means any state employee other than an employee excepted under 2-18-103 or 2-18-104.
     (b) The term does not include a student intern.
     (12) "Job evaluation factor" means a measure of the complexities of the predominant duties of a position.
     (13) "Job sharing" means the sharing by two or more persons of a position.
     (14) "Market salary" means the median base salary that other employers pay to employees in comparable occupations as determined by the department's salary survey of the relevant labor market.
     (15) "Occupation" means a generalized family of positions having substantially similar duties and requiring similar qualifications, education, and experience.
     (16) "Pay band" means a wide salary range covering a number of different occupations.
     (17) "Permanent employee" means an employee who is designated by an agency as permanent and who has attained or is eligible to attain permanent status.
     (18) "Permanent status" means the state an employee attains after satisfactorily completing an appropriate probationary period.
     (19) "Personal staff" means those positions occupied by employees appointed by the elected officials enumerated in Article VI, section 1, of the Montana constitution or by the public service commission as a whole.
     (20) "Position" means a collection of duties and responsibilities currently assigned or delegated by competent authority, requiring the full-time, part-time, or intermittent employment of one person.
     (21) "Program" means a combination of planned efforts to provide a service.
     (22) "Seasonal employee" means a permanent employee who is designated by an agency as seasonal, who performs duties interrupted by the seasons, and who may be recalled without the loss of rights or benefits accrued during the preceding season.
     (23) "Short-term worker" means a person who:
     (a) is hired by an agency for an hourly wage established by the agency;
     (b) may not work for the agency for more than 90 days in a continuous 12-month period;
     (c) is not eligible for permanent status;
     (d) may not be hired into another position by the agency without a competitive selection process; and
     (e) is not eligible to earn the leave and holiday benefits provided in part 6 of this chapter or the group insurance benefits provided in part 7 of this chapter.
     (24) "Student intern" means a person who:
     (a) has been accepted in or is currently enrolled in an accredited school, college, or university and is hired directly by an agency in a student intern position;
     (b) is not eligible for permanent status;
     (c) is not eligible to become a permanent employee without a competitive selection process;
     (d) must be covered by the hiring agency's workers' compensation insurance;
     (e) is not eligible to earn the leave and holiday benefits provided for in part 6 of this chapter or the group insurance benefits provided in part 7 of this chapter; and
     (f) may be discharged without cause.
     (25) "Telework" means a flexible work arrangement where a designated employee may work from home within the state of Montana or an alternative worksite within the state of Montana 1 or more days a week instead of physically traveling to a central workplace.
     (26) "Temporary employee" means an employee who:
     (a) is designated as temporary by an agency for a definite period of time not to exceed 12 months;
     (b) performs temporary duties or permanent duties on a temporary basis;
     (c) is not eligible for permanent status;
     (d) is terminated at the end of the employment period; and
     (e) is not eligible to become a permanent employee without a competitive selection process.

     History: Ap.p. Sec. 1, Ch. 440, L. 1973; amd. Sec. 1, Ch. 488, L. 1977; Sec. 59-903, R.C.M. 1947; Ap.p. Sec. 1, Ch. 563, L. 1977; Sec. 59-915, R.C.M. 1947; R.C.M. 1947, 59-903(1), (2), (part(3)), (4), (5), 59-915; amd. Sec. 1, Ch. 512, L. 1979; amd. Sec. 1, Ch. 678, L. 1979; amd. Sec. 1, Ch. 421, L. 1981; amd. Sec. 1, Ch. 684, L. 1983; amd. Sec. 1, Ch. 720, L. 1991; amd. Sec. 2, Ch. 455, L. 1995; amd. Sec. 1, Ch. 339, L. 1997; amd. Sec. 1, Ch. 558, L. 1999; amd. Sec. 2, Ch. 56, L. 2005; amd. Sec. 1, Ch. 75, L. 2005; amd. Sec. 3, Ch. 81, L. 2007; amd. Sec. 1, Ch. 7, L. 2009.

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