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Montana Maternity and Pregnancy: What you need to know

The Montana Human Rights Act prohibits employment practices that discriminate on the basis of sex. The Act covers all public and private employers, regardless of size, employment agencies, and labor organizations (MT Code Sec. 49-2-101et seq.).
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The Montana Maternity Leave Act applies to all employers. It states that it is unlawful for an employer to terminate a woman because of her pregnancy, to refuse to grant to the pregnant employee a reasonable leave of absence, or to deny the employee any compensation to which she is entitled as a result of accumulation of disability or leave benefits (MT Code Sec. 49-2-310). After the employee returns, she must be reinstated to her original position or to an equivalent job with equivalent pay and accumulated seniority, retirement, fringe benefits, and other service credits (MT Code Sec. 49-2-311).
An employee may request leave for a pregnancy-related disability that occurs before the birth of a child as long as it is approved by the employer. A pregnancy-related disability includes any condition certified by a medical doctor as disabling, whether the condition arises as a result of the normal course of pregnancy or where an abnormal medical condition occurs (MT Comm. Rules Sec. 24-9-1201).
Note: Employers may require that an alleged disability be verified by certification (MT Code Sec. 49-2-310).
Montana has a separate Parental Leave Policy that applies to permanent state employers. It requires that state employers grant up to 15 working days and allow the employee to use accrued sick leave, annual leave, compensatory time, and leave without pay, if the employee is a birth father or ...

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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