10-1-1003. Definitions. Unless the context requires otherwise, as used in this part, the following definitions apply:

Terms Used In Montana Code 10-1-1003

  • Department: means the department of labor and industry established in 2-15-1701. See Montana Code 10-1-1003
  • Federally funded military duty: means duty, whether voluntary or involuntary, including training, performed pursuant to orders issued under Title 10 or Title 32 of the United States Code and the time period, if any, required pursuant to a licensed physician's certification to recover from an illness or injury incurred while performing the duty. See Montana Code 10-1-1003
  • Member: means a member of the state's organized militia provided for in 10-1-103 or a member of the national guard of another state. See Montana Code 10-1-1003
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • State military duty: means duty, whether voluntary or involuntary, performed by a member pursuant to Article VI, section 13, of the Montana constitution, the authority of the governor of any other state, or 10-1-505 and the time period, if any, required pursuant to a licensed physician's certification to recover from an illness or injury incurred while performing the state military duty. See Montana Code 10-1-1003
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(1)”Department” means the department of labor and industry established in 2-15-1701.

(2)”Elected official” means an official duly elected or appointed to any state or local judicial, legislative, or executive elective office of the state, a district, or a political subdivision of the state, including a school district or any other local district.

(3)(a) “Employer” means any public or private person or entity providing employment in Montana.

(b)The term does not include the United States.

(4)”Federally funded military duty” means duty, whether voluntary or involuntary, including training, performed pursuant to orders issued under Title 10 or Title 32 of the United States Code and the time period, if any, required pursuant to a licensed physician’s certification to recover from an illness or injury incurred while performing the duty.

(5)”Member” means a member of the state’s organized militia provided for in 10-1-103 or a member of the national guard of another state.

(6)”Military service” includes both federally funded military duty and state military duty, whether voluntary or involuntary.

(7)(a) “State military duty” means duty, whether voluntary or involuntary, performed by a member pursuant to Article VI, section 13, of the Montana constitution, the authority of the governor of any other state, or 10-1-505 and the time period, if any, required pursuant to a licensed physician’s certification to recover from an illness or injury incurred while performing the state military duty.

(b)The term does not include federally funded military duty.