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Military Duty Leave for Employees in Montana

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Montana employers must provide employees with leave for military duty in accordance with these state rules.

The law protecting the employment and reemployment rights and protection from discrimination for members of the state national guard is the Montana Military Service Employment Rights Act. For persons ordered to federally funded military duty, the employment and reemployment rights and benefits provided under the federal Uniformed Services and Employment and Reemployment Rights Act (USERRA) and other applicable federal laws apply.

An employer may not willfully deprive a member of the organized militia of employment or prevent the member from being employed or obstruct or annoy a member in respect to the member's trade, business or employment because of membership in the organized militia.

A person who serves in active state service in the organized militia in time of a disaster or an emergency declared by the proper state authority is entitled to a leave of absence from civilian employment during the period of active state militia service. When the period of active state militia service ends, the person is entitled to reemployment with the same seniority, status, pay, and vacation as the person would have had if the person had not been absent during the period of service. The leave time may not be deducted from any sick leave, vacation leave or other leave. An employee may voluntarily use accrued vacation leave or other already earned benefits during the leave of absence for state militia service.

Reinstatement

Employers are not obligated to return the person to employment after the leave of absence if the person is no longer qualified to perform the duties of the position (except that discrimination due to disability is prohibited), the position was temporary and the temporary employment period expired, the person's request to return to employment was not done in a timely manner, the employer's circumstances substantially changed, or the person's return to employment would cause the employer undue hardship.

Prohibited Discrimination

No one may dissuade another from enlisting in the organized militia by threatening to injure or injuring the person's business, employment or trade.

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