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Montana FMLA And Leave Law Guidelines And Requirements

The Family & Medical Leave Act (FMLA) is a federal law that applies to employer organizations with 50 or more employees for 20 or more workweeks in the current or previous calendar year.

The Family & Medical Leave Act does not take the place of other sources of leave, including Montana's FMLA and other state leave laws. To the extent an organization subject to the FMLA is also subject to a state leave law, it must comply with both the FMLA and the state leave law.

The challenge in coordinating compliance with federal and state law is that the state leave laws may differ from FMLA law in employee eligibility criteria, as well as the length and type of protection.FMLA Training & Certification Program

Montana's FMLA And Other Leave Laws

In addition to the FMLA, Montana's Human Rights Act requires employers to give employees time off for pregnancy and childbirth.

Under Montana’s Human Rights Act, employers of all sizes must give employees a reasonable leave of absence for the temporary disabilities associated with pregnancy and childbirth, then (generally) allow the employee to be reinstated to the same position held before.

This law also states that the following practices are unlawful if based on a protected class (age, race, color, national origin, religion, creed, disability, marital status, sex, political belief (in government) or retaliation):
  • To discharge, refuse to hire, or to discriminate against a person with respect to compensation or privileges of employment
  • To deny a reasonable maternity leave or refuse to reinstate an employee following the leave
  • For labor unions to deny membership or otherwise discriminate against a person or member
  • For employment agencies to fail or refuse to refer for employment
  • To retaliate against a person who filed a complaint, participated in the investigation, or opposed discriminatory practices
How To Determine Whether FMLA Guidelines Or State Guidelines Apply In Montana

Here are some guidelines if your organization is subject to both FMLA and Montana leave law:
  • If an eligible employee wishes to take a leave that is covered under both the state leave law and the FMLA, then generally the leave can be run concurrently. In other words, it can be counted towards satisfying the requirements under both state and federal law simultaneously
  • If an eligible employee wishes to take a leave covered under the FMLA, but not also covered under the state leave law, that leave can only count towards satisfaction of the FMLA requirements. The total amount of leave available under the state law would still be available to that employee
  • If an eligible employee wishes to take a leave covered under the state leave law, but not also covered under the FMLA, that leave can only count towards satisfaction of the state leave law. The total amount of leave available under the FMLA (e.g., 12 weeks or 26 weeks) would still be available to the employee
Note: The above is excerpted from our FMLA Training & Certification Program.

Recommended Training For Montana's FMLA Requirements

From seminars to webinars to online courses, HRTrainingCenter offers a variety of FMLA compliance training courses. Simply select one of our 'Recommended Courses' or use the search box to find your desired FMLA training course.To find other FMLA training courses, use the search box below.

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More Info On Montana FMLA Leave Law

For specific information on Montana's FMLA and other leave laws, contact:

Montana Department of Labor
P.O. Box 1728
Helena, MT 59624-1728
(406) 444-2840

Nebraska Department of Labor
1111 O St #205
Lincoln, NE 68508

Disclaimer: This information provided is based on state laws and regulations, and is subject to change. While we make every effort to asure this information is current and accurate, it is not engaged in rendering legal or professional advice, and shall not be held responsible for inaccuracies contained herein.
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