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 ...