Key Highlights:
- Montana passed HB 667 amending the state’s law requiring employers to provide unpaid leave, not to exceed 180 days per year, for employees holding public office.
On May 19, 2025, Montana passed HB 667 amending Montana’s law requiring leave for employees holding public office. HB 667 became effective upon passage and applies retroactively to January 1, 2025.
Montana law (M.C.A. § 39-2-104) requires that employers of employees elected or appointed to public office provide those employees with up to 180 days of leave per year for public service. Employers with ten or more employees must restore the public office holder to their position including the same “seniority, status, compensation, hours, locality, and benefits,” that they maintained prior to their leave of absence. An employee on leave must make arrangements to return to work within 10 days following the completion of their service, unless the employee is unable to do so because of illness or disabling injury as confirmed by a physician.
HB 667 made several important amendments to the law:
- Employers may not prohibit or restrict employees from seeking election or appointment to a public office or discriminate or retaliate against any employee for seeking election or appointment.
- Employers must continue health care benefits during the leave.
- While the employee is on leave for public service, the employer cannot require the employee to use other leave or benefits without the employee’s consent
- Employers cannot require an employee to perform work while on leave.
- Employers may not prohibit an employee on leave from using an employer provided phone, computer, or phone number, if the employer otherwise permits the personal use of such items.