(1) In accordance with 2-18-617, MCA, an employee may accumulate two times the total number of annual leave credits the employee is eligible to earn per year, according to the rate earned schedule. Except as provided in this rule, excess vacation leave credits will be forfeited unless the credits are used by the employee within 90 calendar days from the last day of the calendar year in which the excess credits were earned.

(2) A department director or designee is responsible for actively managing vacation leave for agency employees by, as provided in 2-18-617, MCA, "providing reasonable opportunity for an employee to use rather than forfeit accumulated vacation leave." Departments are encouraged to work with an employee who has an excess vacation leave balance as early as possible in the 90-day window or at any time if the employee's leave balance exceeds two times the annual vacation accrual rate in order to allow the employee to avoid forfeiture of excess leave.

(3) An employee is responsible for making a reasonable, written request to use excess vacation leave during the 90-day window. A department may approve all, some or none of the employee's request by written response within no more than 5 working days from the receipt of the request. If the original request is not approved, the department and the employee may negotiate alternate leave dates during the 90-day window.

(4) For purposes of this section, reasonable means sufficient notice to take the excess vacation leave off before the forfeiture deadline.

(5) If the employing department denies all or any portion of the written request, the excess vacation leave is not forfeited and the employing agency must ensure that the employee may use the excess vacation leave before the end of the calendar year in which the leave would have been forfeited.

(6) The calculation of excess vacation leave credits (those credits which must be used within the first 90 days of the next calendar year) will be made as of the end of the first pay period which extends into the next calendar year.