Currently, Montana law requires employers to grant leave to an employee who is a public official and is requesting leave to perform public service. A new law places the following additional requirements on employers:
- An employer may not prohibit or restrict an employee from seeking election or appointment to a city, county, or state public office or retaliate or discriminate against an employee for seeking election or appointment to a city, county, or state public office.
- During an employee’s leave of absence while serving as an elected officer or while appointed to a public office, the employer may not require an employee:
- to use leave or benefits during the mandatory leave of absence without the consent of the employee; or
- to perform work during the mandatory leave of absence.
- If the employer provides a company phone, computer, or phone number and the employer allows the employee’s personal use of the company phone, computer, or phone number, the employer may not prohibit the employee’s use during the leave of absence.
- If the employer provides health care benefits to the employee, they must continue offering the employee health care benefits with the same covered benefits and covered persons during the leave of absence.
The new requirements are effective immediately, and apply retroactively to all occurrences on or after January 1, 2025.
