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Montana Expands Protections for Employees Who Run for Or Serve in Public Office

31 Jul

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Update Applicable to:Effective Date
All Covered Employers (10 or more employees)Retroactive Application Since January 1, 2025


What happened?

On May 15, 2025, Montana Governor Greg Gianforte signed House Bill 667 into law, expanding protections for employees who run for or serve in public office. The law imposes new obligations on employers and is retroactively effective from January 1, 2025.


Overview:

Who is covered? All Montana employers with employees who may seek or hold public office, with additional reinstatement obligations applying to those with 10 or more employees.


New Employer Requirements in Montana

  1. No Restrictions or Discrimination: Employers may not prohibit or restrict employees from running for or being appointed to public office (city, county, or state), nor may they retaliate or discriminate against employees for doing so.
  1. Leave of Absence Protections: Employees serving in public office must be granted a mandatory leave of absence. During this time, employers cannot:
  • Require the use of paid leave or benefits without the employee’s consent.
    • Require the employee to perform any work.
  1. Continued Access to Benefits and Equipment
  • Employers must continue providing healthcare coverage with the same benefits and covered individuals.
  • If personal use of company phones, computers, or phone numbers is allowed, employees must retain access to them during their leave.


Action for Employers

  • Update your elected official leave policy to reflect these changes.


Source References


Resources

Need help understanding how changes to employment laws will affect your business?

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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