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Other Leaves: Montana

Other Leaves 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


  • Montana does not have any general law requiring private employers to provide family or medical leave beyond that required by the federal Family and Medical Leave Act (FMLA) or Americans with Disabilities Act (ADA). However, Montana law may augment an employer's responsibility under federal law regarding maternity leave, and it will apply where it provides greater benefits to the employee. See Family, Medical and Pregnancy Leave.
  • Montana does not require an employer to offer paid time off, but if an employer chooses to do so, it may be required to pay accrued but unused time upon an employee's termination. See Paid Time Off.
  • No Montana law requires private employers to allow leave for jury duty. See Jury Duty Leave.
  • An employee may be entitled to take unpaid leave to prepare for or attend a criminal justice proceeding. See Crime Victim Leave.
  • Montana law provides extended protections to members of the National Guard returning from state active duty. See Military Leave.
  • Employers of employees elected or appointed to a public office in the city, county or state must allow the employee to take a leave of absence, not to exceed 180 days per year, while the employee is performing public service. See Civic Duty Leave.