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.

Terms Used In Montana Code 10-1-1009

  • 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
  • Military service: includes both federally funded military duty and state military duty, whether voluntary or involuntary. See Montana Code 10-1-1003
  • 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
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(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.