Montana Leave of Absence (FMLA): What you need to know

Some states have comprehensive laws that require employers to grant employees time off to care for a family member with a serious illness, but Montana does not have such a law. However, Montana employers with 50 or more employees are covered by the federal Family and Medical Leave Act (FMLA).Montana employers with fewer than 50 employees are free to provide family leave time or not at their own discretion.
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The Montana Maternity Leave Act requires all employers to grant a female employee a reasonable leave of absence for pregnancy. An employer cannot deny an employee who is disabled because of pregnancy any compensation to which she is entitled to under the employer's plans (MT Code Sec. 49-2-310 et seq.; MT Admin. Code Sec. 24.9.1202et seq.). The employer may require medical certification of the pregnancy-related disability and that the employee is not able to perform her employment duties.
The Act prohibits employers from requiring that an employee take a mandatory maternity leave for an unreasonable length of time (MT Code Sec. 49-2-310).
Moreover, an employer cannot deny an employee who is disabled because of pregnancy any compensation to which she is entitled to under the employer's plans (MT Code Sec. 49-2-310et seq.; MT Admin. Code Sec. 24.9.1202et seq.).
Employers in Montana, as in all states, are bound by the requirements of the federal Pregnancy Disability Act (PDA), which prohibits discrimination against any employee on the basis of a pregnancy-related disability. For practical purposes, this means that disability leave must be granted for pregnancy-related disabilities if the employer would ordinarily grant such leave for other types of disabilities.
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