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Legally Required Benefits: Montana

Legally Required Benefits requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Jason Ritchie and William Dabney, Holland & Hart LLP


  • Unemployment insurance is a nationwide program created to provide partial wage replacement to unemployed workers while they conduct an active search for work. Unemployment insurance is a joint federal-state program based on federal law and executed through state law. See Montana Unemployment Insurance.
  • Employers finance unemployment insurance with state and federal tax contributions. The Federal Unemployment Tax Act (FUTA) was created to finance all administrative expenses of the federal/state unemployment insurance system and the federal costs involved in providing benefits. The Montana unemployment tax is used only for the payment of regular benefits to qualified unemployed workers. See Montana Unemployment Insurance.
  • Montana unemployment insurance is provided under the Montana Unemployment Insurance Law and is administered by the Montana Department of Labor and Industry. Most employers are subject to the Montana Unemployment Insurance Law. See Montana Unemployment Insurance.
  • Unemployment benefits generally last for up to 28 weeks. See Benefits.
  • Claimants must meet certain requirements in order to be eligible for unemployment benefits. See Eligibility.
  • Employers must follow certain recordkeeping and posting requirements. See Recordkeeping Requirements; Posting Requirement.