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2016 Op. Mont. Att'y Gen. 1 (2016)

handle is hein.sag/sagmt0064 and id is 1 raw text is: VOLUME NO. 56 COUNTIES - County employees on workers compensation leave who are supplementing workers compensation benefits with accrued sick leave pursuant to the terms of a collective bargaining agreement are in a leave-with-pay status for the sick leave hours converted to pay, and are entitled to accrue vacation and sick leave credits on a prorated basis; EMPLOYEES, PUBLIC - Public employees on workers compensation leave who are supplementing workers compensation benefits with accrued sick leave pursuant to the terms of a collective bargaining agreement are in a leave-with-pay status for the sick leave hours converted to pay, and are entitled to accrue vacation and sick leave credits on a prorated basis; LABOR RELATIONS - Public employees on workers compensation leave who are supplementing workers compensation benefits with accrued sick leave pursuant to the terms of a collective bargaining agreement are in a leave-with-pay status for the sick leave hours converted to pay, and are entitled to accrue vacation and sick leave credits on a prorated basis; STATUTORY CONSTRUCTION - In general, statutory provisions will control over conflicting contractual language; WORKERS COMPENSATION - A public employee is not entitled to accrue vacation and sick leave credit for workers' compensation benefits received; CODE OF FEDERAL REGULATIONS - 5 C.F.R. § 550.1203, 5 C.F.R. § 630.209, 5 U.S.C. § 6302(f); MONTANA CODE ANNOTATED - Sections 2-18-601(15), 2-18-611, 2-18-611(3), 2-18-611(4), 2-18-618, 2-18-618(2), 2-18-618(3), 39-71-123(1)(a), 39-71-123(2)(b)(ii), 39-71-123(2)(c). HELD: Public employees on workers compensation leave who are supplementing workers compensation benefits with accrued sick leave pursuant to the terms of a collective bargaining agreement are in a leave-with-pay status for the sick leave hours converted to pay, and are entitled to accrue vacation and sick leave credits on a prorated basis. January 13, 2016 OPINION NO. I