10-1-1006. Entitlement to leave of absence. (1) A member ordered to state military duty is entitled to a leave of absence from the person‘s employment during the period of that state military duty.

Terms Used In Montana Code 10-1-1006

  • 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

(2)A leave of absence for state military duty may not be deducted from any sick leave, vacation leave, military leave, or other leave accrued by the member unless the member desires the deduction.