Maternity Leave – Mont. Code Ann. §§ 49-2-310 & 49-2-311

Covered Employers: All employers

Employee Eligibility: All employees

Entitlement: Montana Maternity Leave act states that it is unlawful for an employer to terminate a woman because of her pregnancy, to refuse to grant to the pregnant employee a reasonable leave of absence, or to deny the employee any compensation to which she is entitled as a result of accumulation of disability or leave benefits (MTCodeSec.49-2-310). In determining the standards of reasonableness which shall apply to a request for a leave of absence for a pregnancy, an employer shall apply standards at least as inclusive as those which he applies to requests for leave of absence for any other valid medical reason.

A pregnancy-related disability includes any condition certified by a medical doctor as disabling, whether the condition arises as a result of the normal course of pregnancy or where an abnormal medical condition occurs, and may cover the time period beginning with conception through termination of gestation and a reasonable period for recovery therefrom (MTComm.RulesSec.24-9-1201).

Obligation to Provide Certifications or Documents Supporting Need for Leave: Employers may require a medical certification that the employee is not able to perform employment duties.

Paid?: Disabilities as a result of a pregnancy, childbirth or related medical condition are for all job-related purposes, temporary disabilities and shall not be treated less favorably than other temporary disabilities under any health, medical, or temporary disability insurance plan or sick leave plan maintained by employer.

Benefits: No written or unwritten employment policies or practices involving matters such as commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement or payment under any health, medical, or temporary disability insurance plan, or under any sick leave, disability leave or disability benefit plan whatsoever, whether formal or informal, shall be applied to disability due to pregnancy, on terms or conditions less favorable than those applied to other temporary disabilities.

Reinstatement: Upon signifying an intent to return to work at the end of pregnancy-related leave of absence, the employee must be reinstated to former position with equivalent pay, accumulated seniority, retirement, fringe benefits and other service credits unless the employer's circumstances have so changed to make it impossible or unreasonable to do so.

Absence Specification