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Summary of differences between federal and state regulations
Some states have statutes that affect an employee’s right to leave for various reasons, such as pregnancy. While Montana does not have an overall law providing family and medical leave, it does have laws with leave provisions that involve maternity/pregnancy, and parental/adoption leave.
Maternity/pregnancy
The state maternity/pregnancy provisions apply to employers generally.
Employee eligibility
Unlike the federal FMLA, the Montana maternity provisions do not include eligibility criteria; a woman simply needs to be pregnant.
Leave entitlement
A pregnant woman is entitled to a reasonable leave of absence for the pregnancy. Employers may not require an employee to take mandatory maternity leave for an unreasonable length of time. The statute, however, does not define “reasonable” or “unreasonable.” Reasonable is determined case-by-case and is based upon the employee's ability to perform her job.
Type of leave
The leave would be because of pregnancy.
Maintenance of health benefits
The state does not require an employer to maintain coverage under a group health plan while the employee is on this type of leave.
Job restoration
The employee must be reinstated to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other service credits unless, in the case of a private employer, the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.
Notice
The statute does not include provisions for employee notice of the need for leave.
Parental leave
Employer coverage
Montana's parental leave provisions apply to state employees.
Employee eligibility
Employees must be permanent state employees.
Leave entitlement
An employee must be allowed to take a reasonable leave of absence and allow the employee to use sick leave immediately following the birth or placement of a child for a period not to exceed 15 working days.
Type of leave
The leave would be used when an employee is adopting a child or when the employee is a birth father.
Maintenance of health benefits
The state does not require an employer to maintain coverage under a group health plan while the employee is on leave.
Job restoration
The statute does not include provisions for job restoration.
State contacts
Department of Administration
State Human Resources Division
http://hr.mt.gov/
State statutes/regulations
Montana Code 2-18-606, “Parental leave for state employees”
https://leg.mt.gov/bills/mca/title_0020/chapter_0180/part_0060/section_0060/0020-0180-0060-0060.html
Montana Code 49-2-310, “Maternity leave - unlawful acts of employers”
https://leg.mt.gov/bills/mca/title_0490/chapter_0020/part_0030/section_0100/0490-0020-0030-0100.html
Federal
ContactsUS Dept. of Labor, Wage & Hour Division
Regulations
29 CFR Part 825, “The Family and Medical Leave Act of 1993”