(1) It is the policy of the state of Montana to allow state employees who are exempt from the federal Fair Labor Standards Act of 1938 (FLSA, Title 29 USCA, Chap. 8, Sec. 201-219, as amended) to accrue and use exempt compensatory time in compliance with this policy and additional agency policy and procedures. State and federal law do not require the state to make the accrual or use of compensatory time available to exempt employees. Exempt compensatory time is not intended to provide any compensation in addition to the salaries established in statute. Rather, it is a means of providing greater flexibility in scheduling time for exempt, salaried employees.

(2) Nothing in this policy guarantees that an exempt employee will be allowed to work hours which result in the accrual or use of exempt compensatory time. Each request to work such hours shall be approved or disapproved by the agency, in compliance with this policy and additional agency policy and procedures.

(3) Employees who are designated as exempt from the overtime provisions of the Fair Labor Standards Act of 1938, as amended, shall not be suspended without pay as a disciplinary action for less than one workweek, unless the suspension is for a major safety violation, in compliance with 29 CFR 541.118a5.

(4) The objective of this policy is to establish minimum standards for the administration of exempt compensatory time for state employees not subject to the overtime provisions of the FLSA.