Military Duty Leave for Employees in Montana

Any person inducted into the U.S. Armed Forces as a result of the operation of any selective training and service act or national guard and reserve officers mobilization act who has satisfactorily completed the period of training or service as attested by a certificate to that effect is to be reemployed in the position left in order to perform such training or service if :

(1) the employee is still qualified to perform the duties of the position;

(2) the position formerly held was not a temporary one; and

(3) the employee makes application for reemployment within 40 days after retirement from training or service.

Benefits.--Any person who is restored to a position in accordance with the state's military leave law will be considered as having been on leave of absence during the period of training or service in the armed forces of the United States and, at the expiration of the period, is entitled to be restored to employment without loss of seniority, is entitled to participate in insurance or other benefits offered by the employer in accordance with established rules and practices relating to employees on leave of absence, and cannot be discharged from the position without cause within one year after restoration.

State militia.--A person may not willfully deprive a member of the organized militia of employment or prevent the member from being employed or obstruct or annoy a member in respect to the member's trade, business or employment because of membership in the organized militia.

Upon termination of active state service in the organized militia in time of a disaster or an emergency declared by the state, a person is entitled to reemployment with the same seniority, status, pay, and vacation as the person would have had if the person had not been absent during the period of service. Reinstatement must be in the same position as or a comparable position to the position that the person held prior to the period of service.