(1) An employee shall request leave of absence due to disability and shall comply with applicable rules and agency policy relating to the type of leave requested. Leaves of absence due to disability may include the approved use of sick leave, annual vacation leave, compensatory time, leave of absence without pay, other accrued paid leave or a combination of these leaves.

(2) An agency shall approve or disapprove requests for leaves of absence due to disability consistent with this policy, other applicable state rules and agency-established procedures for requesting leaves of absence. The agency may require the employee to produce evidence of the need for leave of absence before leave is approved or at any time during the leave. (For requirements specific to maternity leave, see ARM 2.21.908.)

(3) Leave of absence for a disability resulting from an industrial accident must be requested by the employee and approved or disapproved by the agency consistent with this policy. This applies whether or not the employee is or becomes eligible for workers' compensation benefits. (Eligibility for workers' compensation benefits is determined by the workers' compensation division, department of labor and industry, under rules adopted by that agency found at ARM 24.29.101 et seq.)

(4) When approving leaves of absence due to disability, an agency may approve a combination of paid leave and leave of absence without pay in a workweek, for example, 20 hours of paid sick leave and 20 hours of leave of absence without pay.

(5) Requirements to self pay insurance premiums for an employee on leave of absence without pay due to a disability are found in the state employees health benefits plan document issued by the employee benefits section, state personnel division, department of administration.

(6) Reinstatement from leave shall be determined on a case-by-case basis, consistent with the applicable rules and agency policy relating to the type of leave taken. If the leave is a result of a disability due to pregnancy or child birth, the reinstatement requirements of 49-2-310 and 49-2-311, MCA, the Montana maternity leave act, and ARM 24.9.1207 shall be followed.