Last updated on: December 22nd, 2022
Hours & Pay Regulations
Private sector employers are not required to provide Annual Leave with or without pay. These are considered benefits and may be paid based on the employer’s policies. There is no requirement in state law to provide these benefits.
Effective January 1, 2023, Montana’s hourly minimum wage is $9.95.
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
In addition to USERRA, Montana law prohibits discrimination against members of the national guard (of any state) and provides the following job protections: • Members ordered to federally-funded military duty are entitled to the same reemployment rights and benefits as provided under USERRA. • Members ordered to state military duty are entitled to a leave of absence for the period of state military duty. The leave may not be deducted from any sick, vacation, military, or other accrued leave unless employees desire it. • Reemployment rights apply after leaving for state military duty, with the same seniority, status, pay, health insurance, pension, and other benefits as the member would have accrued if not on leave for state military duty. Members must request reemployment within a timely manner after state active duty, based on length of state military service
All employers must grant employees reasonable leave due to pregnancy. An employee returning from maternity leave must be reinstated to her original position or an equivalent position with equal pay, seniority, retirement, fringe benefits and other service credits unless the employer’s circumstances have changed so as to make reemployment impossible or unreasonable. An employer may not terminate an employee because of pregnancy and may not deny an employee who is disabled due to pregnancy any compensation the employee is entitled to under disability or leave benefits. An employer may not require an employee to take mandatory maternity leave for an unreasonable length of time.
An employer who employs 10 or more employees must grant employees who are elected or appointed to a public office up to 180 days of unpaid leave per year in order to perform public services. An employee who returns to work within 10 days following his or her public service must be restored to his or her position with the same seniority, status, compensation, hours, locality, and benefits as existed prior to the leave.
Montana law does not have a leave provision for private employers. However, an employer must allow an employee time off to serve as a juror. Leave is not required to be paid.