What is travel Time?
Travel Time Compensation Rules for Montana Municipal Employees
Time spent traveling throughout Montana is a time-consuming endeavor and may or may not be considered work time. The following is a breakdown to the variations stated in the Administrative Rules of Montana (ARM, 24.16.1010):
3. Governing the Municipality 113
• Home to work ‐ Normal travel from home to work is not work time. This is true whether employee works at a fixed location or at different job sites.
• Home to work/emergency call - Travel to the job and back home by an employee who receives an emergency call outside of his regular hours to report back to his regular place of business to do a job is working time.
• Home to work in another city ‐ All time spent traveling to another city would be considered work time except for the travel from home to public transportation, such as a bus depot, this would be the normal home to work travel. The usual mealtime would be deductible also.
• Travel all in the day’s work - Time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked. If the employee goes home instead of returning to the employer's premises from last job site, this travel is home‐to-work‐travel and is not hours worked. If an employee is required to report at a meeting place to receive instructions or to perform other work there, or to pick up and to carry tools, the travel time from the designated place to the work place must be counted as hours worked.
• Travel away from home community ‐ Travel that keeps an employee away from home overnight is travel away from home and is clearly work time when it cuts across the employee's workday (employee is simply substituting travel for other duties). This time is not only hours worked on regular working days during normal working hours but also during the corresponding hours on nonworking days. For example, if an employee normally works 8 a.m. to 5 p.m. Monday through Friday, the travel time during these hours on Saturday and Sunday are also counted as work time. If the employee requests to drive his car in place of public transportation that has been offered, this travel time is counted as hours worked or the time it would have been using public transportation.
• Work performed while traveling - Any work which an employee is required to perform while traveling must be counted as work time. One who drives and is required to ride as assistant/helper is working while riding. Sleep in adequate furnished facilities would not be counted as hours worked.
3. Governing the Municipality 113
• Home to work ‐ Normal travel from home to work is not work time. This is true whether employee works at a fixed location or at different job sites.
• Home to work/emergency call - Travel to the job and back home by an employee who receives an emergency call outside of his regular hours to report back to his regular place of business to do a job is working time.
• Home to work in another city ‐ All time spent traveling to another city would be considered work time except for the travel from home to public transportation, such as a bus depot, this would be the normal home to work travel. The usual mealtime would be deductible also.
• Travel all in the day’s work - Time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked. If the employee goes home instead of returning to the employer's premises from last job site, this travel is home‐to-work‐travel and is not hours worked. If an employee is required to report at a meeting place to receive instructions or to perform other work there, or to pick up and to carry tools, the travel time from the designated place to the work place must be counted as hours worked.
• Travel away from home community ‐ Travel that keeps an employee away from home overnight is travel away from home and is clearly work time when it cuts across the employee's workday (employee is simply substituting travel for other duties). This time is not only hours worked on regular working days during normal working hours but also during the corresponding hours on nonworking days. For example, if an employee normally works 8 a.m. to 5 p.m. Monday through Friday, the travel time during these hours on Saturday and Sunday are also counted as work time. If the employee requests to drive his car in place of public transportation that has been offered, this travel time is counted as hours worked or the time it would have been using public transportation.
• Work performed while traveling - Any work which an employee is required to perform while traveling must be counted as work time. One who drives and is required to ride as assistant/helper is working while riding. Sleep in adequate furnished facilities would not be counted as hours worked.