Mont. Code Ann. § 2-18-502
Computation of meal allowance
En. Sec. 3, Ch. 66, L. 1955; amd. Sec. 4, Ch. 495, L. 1973; amd. Sec. 1, Ch. 213, L. 1974; amd. Sec. 2, Ch. 439, L. 1975; amd. Sec. 2, Ch. 483, L. 1977; R.C.M. 1947, 59-539; amd. Sec. 1, Ch. 123, L. 1983; amd. Sec. 2, Ch. 439, L. 1997; amd. Sec. 1, Ch. 159, L. 2025; amd. Sec. 1, Ch. 721, L. 2025.
(1) Except as provided in 5-2-302 and subsections (2) and (4) of this section, an employee is eligible for the meal allowance provided in 2-18-501 only if the employee is in a travel status for more than 3 continuous hours during the following hours:
(a) for non-night-shift hours:
- (i) for the morning meal allowance, between the hours of 12:01 a.m. and 10 a.m.;
- (ii) for the midday meal allowance, between the hours of 10:01 a.m. and 3 p.m.; and
- (iii) for the evening meal allowance, between the hours of 3:01 p.m. and 12 midnight;
(b) for night-shift hours:
- (i) for the evening meal allowance, between the hours of 12:01 p.m. and 10 p.m.;
- (ii) for the midnight meal allowance, between the hours of 10:01 p.m. and 3 a.m.; and
- (iii) for the early morning meal allowance, between the hours of 3:01 a.m. and 12 noon.
(2) An eligible employee may receive:
- (a) only one of the three meal allowances provided, if the travel was performed within the employee's assigned travel shift; or
- (b) a maximum of two meal allowances if the travel begins before or was completed after the employee's assigned travel shift and the travel did not exceed 24 hours.
- (3) "Travel shift" is that period of time beginning 1 hour before and terminating 1 hour after the employee's normally assigned work shift.
- (4) An appointed member of a state board, commission, or council is entitled to a midday meal allowance on a day the individual is attending a meeting of the board, commission, or council, regardless of proximity of the meeting place to the individual's residence or headquarters.
- (5) The department of administration shall prescribe policies necessary to effectively administer this section for state government.
History: En. Sec. 3, Ch. 66, L. 1955; amd. Sec. 4, Ch. 495, L. 1973; amd. Sec. 1, Ch. 213, L. 1974; amd. Sec. 2, Ch. 439, L. 1975; amd. Sec. 2, Ch. 483, L. 1977; R.C.M. 1947, 59-539; amd. Sec. 1, Ch. 123, L. 1983; amd. Sec. 2, Ch. 439, L. 1997; amd. Sec. 1, Ch. 159, L. 2025; amd. Sec. 1, Ch. 721, L. 2025.