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Montana Leave Law


In addition to rights under the Federal Family and Medical Leave Act (FMLA), employees of the State of Montana are entitled to use paid sick leave to care for family members. Below is a brief description of this law.

If you are considering taking leave, consult with your Human Resource Office for additional details.

Who Is Eligible?

Permanent state employees are eligible to accrue sick leave. You begin accruing sick leave credits from the first day of employment. However, you will not be entitled to be paid sick leave until you have been employed for 90 continuous days.

How Much Leave Will I Get?

Full-time employees earn 12 working days of sick leave credit for every year of service.

Part-time employees earn a prorated amount.

There is no limit to the amount of leave you can accrue.

Is There A Limit To The Amount Of Leave I Can Use?

The State has developed a Parental Leave program. Under the program, employees must be allowed to take a "reasonable" leave of absence, using their sick leave, immediately following the birth or placement of a child. Leave of this sort may not exceed 15 working days.

What Are Legitimate Reasons To Use Leave?

  1. You or an immediate family member is suffering from a sickness;
  2. For pregnancy-related disability or treatment (such as prenatal care, birth, or medical care for the mother or child);
  3. Parental Leave (as described above); and
  4. To care for a spouse, child or parent with a serious health condition.

What If I Need More Leave?

You may decide, during the course of your employment, to voluntarily donate a portion of your accrued sick leave to the state sick leave fund. By doing so you also become eligible to borrow from the fund if an extensive illness or accident causes you to exhaust all of your accumulated sick leave.

Will I Get Paid While On Sick Leave?


Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 

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