Montana Maternity and Pregnancy laws & HR compliance analysis

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. 49-2-101 et 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).
Employers are also prohibited from requiring that an employee take a mandatory maternity leave for an unreasonable length of time (MT Code Sec. 49-2-310).
The employer may require medical certification of the pregnancy-related disability and the fact that the employee is not able to perform her employment duties.
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).
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).
Montana has a separate Parental Leave Policy that applies to state employers.
It requires ...

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