Montana Code 2-18-1203. General protection
2-18-1203. General protection. (1) An employee whose position is eliminated as a result of privatization, reorganization of an agency, closure of or a reduction in force at an agency, or other actions by the legislature is entitled to:
Terms Used In Montana Code 2-18-1203
- Agency: has the meaning provided in 2-18-101 but does not include the Montana university system. See Montana Code 2-18-1202
- Employee: means a person employed by the state who has achieved permanent status, as defined in 2-18-101, or officers and employees of the legislative branch and teachers under the authority of the department of corrections or department of public health and human services who have been employed for at least 6 continuous months. See Montana Code 2-18-1202
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Privatization: means contracting with the private sector to provide a service normally or traditionally provided directly by an employee of an agency. See Montana Code 2-18-1202
- 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
(a)access to any job retraining and career development programs provided by the state through the service delivery areas dislocated worker programs under the Workforce Innovation and Opportunity Act, 29 U.S.C. § 3101, et seq., provided that the employee begins participating in a program within 1 year after the elimination of the employee’s position; and
(b)inclusion in a special job register from which all agencies may attempt to hire employees prior to seeking applications from the general public. Nothing in this section requires an agency to attempt to hire employees from the special job register prior to seeking applications from the general public. An employee’s eligibility to participate in the job register terminates 2 years from the effective date of the employee’s layoff or 2 years from the date of the employee’s completion of job training provided under subsection (1)(a), whichever is later.
(2)Each state agency shall pay to the department of labor and industry a set amount that is equal to the department’s average cost of providing the retraining and development services for state employees in the previous fiscal year for each involuntarily terminated state employee who requests access to any job training and career development program provided by the department.