Montana recently enacted legislation prohibiting employers from terminating employees who are volunteer emergency service providers and are absent from work during an emergency. House Bill 128, which will be codified in Title 2 of the Montana Code Annotated (applicable to public employers) and Title 39 of the Montana Code Annotated (applicable to private employers), will take effect on Oct. 1, 2025.
Under the new law, an employer may not terminate the employment of an employee who has completed the probationary period because the employee provides volunteer emergency services or has joined a volunteer emergency unit. A “volunteer emergency services provider” is defined as a person who is not paid full time by the emergency service provider and includes a volunteer firefighter, an enrolled member of a volunteer fire department, or a volunteer emergency medical technician.
Employees must provide written notice to the employer of their status as a volunteer emergency services provider as follows:
- Current employee volunteers: within 30 days of Oct. 31, 2025.
- Current employees who volunteer after Oct. 1, 2025: within 30 days of volunteering.
- New employee volunteers: within 30 days of hire.
While an employer cannot terminate an employee who is absent or late to work because the employee is providing volunteer services during an emergency, the employer has discretion as to whether the employee may leave work to respond to an emergency. The employer may establish that any...
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