Montana Crime Victims

Crime Victims Leave – Mont. Code Ann. § 46-24-205

Covered Employers: All employers

Employee Eligibility: All employees

Entitlement: An employer may not discharge or discipline a victim or a member of the victim’s family for participation at the prosecuting attorney’s request in preparation for or attendance at a criminal justice proceeding.

Employer Notice: The law enforcement agency or prosecuting attorney in a criminal case shall assist a victim or witness who requests assistance in informing an employer that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of the victim or witness from the place of employment.

Employee Notice: Not specified

Obligation to Provide Certifications or Documents Supporting Need for Leave: Not specified

Paid?: Not specified

Benefits: Not specified

Reinstatement: Not specified

Other Important Definitions/Requirements: “Member of the victim’s family” means the victim’s spouse, child by birth or adoption, stepchild, parent, stepparent, or sibling, but does not include a person who is accountable for the crime or accountable for a crime arising from the same transaction.

Relationship with Other Leave: Not specified

Absence Specifications

Concurrency

  • Only concurrent with Federal FMLA if there is an injury or illness that is an FMLA qualified event

Intake Trigger

  • Personal Protected Leave

Employer Eligibility requirements

  • All employers

Employee Eligibility requirements

  • 0 hours worked

  • 0 months of employment

  • Will you be attending court as the victim of a witness = yes

Length of time provided

  • Amount necessary. (open) - per 12 month period

Calendar Type

  • not specified, but open. Default to same as FMLA. Can be configured by customer