Montana Military Service Employment Right Act – Mont. Code Ann. §§ 10-1-1001 - 10-10-1007*

Covered Employers: Any public entity or private person or entity providing employment in Montana, but does not include the U.S. Government.

Employee Eligibility: All employees

Entitlement: An employee called into state military duty is entitled to a leave of absence from the person's employment during the period of that state military duty. "State military duty" means duty performed by an employee pursuant to Article VI, section 13, of the Montana constitution, the authority of the governor of any other state, or 10-1-505 and the time period, if any, required pursuant to a licensed physician's certification to recover from an illness or injury incurred while performing the state military duty.
The Act states that Montana employees are also entitled to those rights provided for under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) when the employee is called into federal military service.

Employer Notice: Request for reinstatement must be timely unless there are extenuating circumstances

Employee Notice: Not specified

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

Paid?: The Act does not provide for paid leave for employees of private companies. The Act does provide certain paid leave for employees of public employers.

Benefits: An employer may decide whether an employee taking military leave accrues sick leave, vacation leave, military leave, or other leave benefits during the employee's leave of absence for state active duty. However, the employee may not be provided with lesser leave accrual benefits than are provided to other employees for leaves of absence that are similar to military leave.
An employer's health plan must provide that: (A) An employee may elect to not remain covered under the employer's health plan while the employee is on state military duty, but that when the employee returns, the employee may resume coverage under the plan without the plan considering the employee to have incurred a break in service; and (B) an employee may elect to remain on the employer's health plan while the employee is on state military duty without being required to pay more than the regular employee share of the premium.

Reinstatement: After a leave of absence for state active duty, an employee is entitled to return to employment with the same seniority, status, pay,
health insurance, pension, and other benefits as the employee would have accrued if the employee had not been absent for the state active duty.

• For state active duty of up to 30 days, the employee must be returned to employment the next regular work shift following safe travel time plus 8 hours;

• For state military duty of 30 days to 180 days, the employee must be returned to employment within 14 days of termination of that duty; and

• For state military duty of more than 180 days, the employee must be returned to employment within 90 days of termination of that duty.

• An employer is not obligated to allow the employee to return to employment after the employee's absence for state active duty if:

(i) The employee is no longer qualified to perform the duties of the position;
(ii) The employee's position was temporary and the temporary employment period has expired;
(iii) The employee's request to return to employment was not given in a timely manner based on the time limits listed above;
(iv) The employer's circumstances have changed so significantly that the employee's continued employment with the employer cannot
reasonably be expected; or
(v) The employee's return to employment would cause the employer an undue hardship.

Other Important Definitions/Requirements: Not specified

Relationship with Other Leave: A leave of absence for state active duty may not be deducted from any sick leave, vacation leave, military leave, or other leave accrued by the employee unless the employee chooses.

Absence Specification