The people of Montana are known for our strong work ethic and our determination, but it is not difficult to have a positive attitude about work here. Employment opportunities are plentiful in Montana, and prices are relatively low, so Montana is going strong, even as living paycheck to paycheck is the best-case scenario for the rest of the country. That is not the only reason that Montana is a great place to work. In most places, employers can fire you for no reason unless you have an employment contract. In Montana, however, we have the Wrongful Discharge from Employment Act, which stipulates that firing employees on a whim is wrongful termination of employment.
As long as the employee has worked longer than the initial probationary period, the employer must provide written notice that it is firing the employee because of the employee’s misconduct or failure to perform the job duties, or because of the employer’s financial hardships. When it comes to family leave and medical leave, though, Montana only abides by the minimum standards set by federal law, even though some other states have more robust policies to support employees who must take time away from work to care for their own health and that of their close family members.
The Bozeman Family and Medical Leave Act lawyers at HKM Employment Attorneys LLP can help you navigate requests for family leave or medical leave and resolve disputes with your employer arising from these requests.
Reasons That You Can Take Family Leave or Medical Leave
The federal Family and Medical Leave Act of 1993 (FMLA) requires employers to grant employees an unpaid leave of absence from work for up to 12 weeks if the employee requires time off from work because of the employee’s illness or injury or if the employee must take care of a sick family member or a newborn or newly adopted baby. Not all employers have the obligation to provide FMLA leave; only those employers that employ at least 50 employees within a 75-mile radius. Likewise, the only employees who are eligible for FMLA leave are those who have worked for the employer for at least a year and who, in the most recent 365 days of their employment, have worked at least 1,250 hours.
These are the reasons that you can qualify for FMLA leave:
- You have just given birth to a child, or you have recently become a father, and you are requesting FMLA leave to bond with your baby. Both mothers and fathers can take their FMLA leave any time within the child’s first year of life.
- Within the past 12 months, you have adopted a child, or a child has been placed in your foster care.
- You have a serious health condition that requires you to take a leave of absence from work. It can be any serious health condition, including but not limited to infectious diseases, cancer, autoimmune disease, accidental injury, or high-risk pregnancy.
- Your spouse, parent, son, or daughter has a serious health condition and requires your care.
- Your spouse, parent, son, or daughter is on active duty in the military.
Deadlines for Notifying Your Employer Before Taking FMLA Leave
Some reasons that qualify for FMLA leave are emergencies, while others are foreseeable. If possible, submit the initial written request for FMLA leave at least 30 days before your leave begins. It is possible to do this if you or a family member has a scheduled surgery, and the doctor notifies you of the anticipated surgery date more than a month before the procedure. Likewise, if you are pregnant or in the process of adopting a child or requesting placement of a child in your foster care, you should notify your employer at least 30 days before the anticipated date of the child’s arrival. Of course, things can change. Your doctor might change the date of the surgery, or the child might be born sooner than the doctors predicted, but you should keep your employer updated about any changes, even if it means beginning your FMLA leave sooner than the date you initially told your employer.
If the FMLA leave is not foreseeable, then notify your employer as soon as you know that you will need a leave of absence. For example, if you go to the emergency room on Monday evening because of an accidental injury or sudden illness, and the doctors tell you they are admitting you to the hospital and that you will not be able to go back to work for several weeks, you should call your employer on Tuesday morning.
What is Next for Family Leave in Montana?
Some Montana lawmakers have proposed a bill, SB 325, known as the Family and Medical Leave Insurance Act (FAMLI). If this law goes into effect, it would create a pool of money, funded by contributions from employers and employees, that would provide paid leave for Montana workers who take FMLA leave. As of July 2025, FAMLI is only proposed legislation; it is not a law currently in force.
For now, at the state level, we only have unpaid FMLA leave. Requesting FMLA leave is a protected activity. This means that, if your employer fires you or takes an adverse action against you because of your FMLA leave, this is illegal retaliation, and you have grounds for a lawsuit. Some employers provide paid leave for medical or family caregiving reasons. To find out what paid leave, if any, your employer provides, you should read your company’s employee handbook or your employment contract. The Family and Medical Leave Act lawyers at HKM Employment Attorneys LLP can help you determine whether you are eligible for FMLA leave and can represent you if your employer retaliates against you for requesting FMLA leave.
Contact HKM Employment Attorneys About Family and Medical Leave
The Bozeman employment lawyers at HKM Employment Attorneys LLP, can counsel you about FMLA leave and other workplace accommodations related to your health and family caregiving obligations. Contact the employment lawyers at HKM Employment Attorneys in Bozeman, Montana, to set up a consultation.
