10-1-1009. Paid military leave for public employees. (1) (a) An employee of the state or of any political subdivision, as defined in 2-9-101, who is a member of the national guard of Montana or any other state or who is a member of the organized or unorganized reserve corps or military forces of the United States and who has been an employee for a period of at least 6 months must be given leave of absence with pay at a rate of 120 hours in a calendar year or academic year if applicable, for performing military service.
(b) The full 120 hours of leave provided for in subsection (1)(a) must be credited in full to an employee after 6 months of employment and in each successive calendar year, or academic year if applicable.
(2) Military leave may not be charged against the employee's annual vacation time.
(3) Unused military leave must be carried over to the next calendar year, or academic year if applicable, but may not exceed a total of 240 hours in any calendar or academic year.
History: En. 77-2104 by Sec. 61, Ch. 94, L. 1974; R.C.M. 1947, 77-2104; amd. Sec. 1, Ch. 80, L. 1991; amd. Sec. 22, Ch. 381, L. 2005; Sec. 10-1-604, MCA 2003; redes. 10-1-1009 by Sec. 28, Ch. 381, L. 2005; amd. Sec. 1, Ch. 261, L. 2009; amd. Sec. 5, Ch. 363, L. 2015; amd. Sec. 1, Ch. 387, L. 2021.
Structure Montana Code Annotated
Title 10. Military Affairs and Disaster and Emergency Services
Part 10. Montana Military Service Employment Rights
10-1-1002. Purpose -- legislative intent
10-1-1004. Rights under federal law
10-1-1005. Prohibition against employment discrimination
10-1-1006. Entitlement to leave of absence
10-1-1007. Right to return to employment without loss of benefits -- exceptions -- definition
10-1-1008. Leave of absence for elected officials -- restoration to office
10-1-1009. Paid military leave for public employees
10-1-1010. Appointment of acting officials
10-1-1011. through 10-1-1014 reserved
10-1-1015. Procedure for filing complaint
10-1-1016. Assistance, investigation, and enforcement of complaints
10-1-1017. Enforcement and investigative powers of department
10-1-1018. Referral of complaint to state attorney general
10-1-1019. Independent lawsuit not precluded -- exhaustion of administrative remedies
10-1-1020. Jurisdiction -- venue -- standing -- respondent -- time limit -- expedited hearing
10-1-1022. Special revenue account for payment to claimants