Montana Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)

Up to 12 weeks of unpaid leave is available under the federal FMLA. This applies to employers with 50 or more employees within a 75-mile radius.

To be eligible, an employee must have worked for the employer at least 12 months. They must also have logged at least 1,250 hours in the preceding year. Seasonal and part-time construction workers may not qualify.

Covered reasons include childbirth, adoption, and serious health conditions.

Public employees also have state parental leave. It is unpaid unless the worker chooses to use accrued leave.

Note: SB 325, a state paid family and medical leave bill, failed in 2025. No state PFML program exists as of 2026.

Employees elected or appointed to public office are entitled to up to 180 days of unpaid leave per year. This is required under MCA §39-2-104.

Contractors cannot require workers to exhaust PTO before taking this leave.

HB 667 applies retroactively to January 1, 2025. If you required PTO use between January and May 2025, review your records.

After the probationary period, you cannot fire a worker for absences caused by volunteer emergency service. This is codified in Title 39 MCA.

Covered roles include volunteer firefighters, volunteer fire department members, and volunteer EMTs.

Workers must notify you in writing within 30 days of hire or joining a volunteer organization.

You are not required to pay for time spent on emergency duty.

Rural construction crews often include volunteer first responders. Update your attendance policy now.

Public employees get 12 days of paid sick leave per year after 90 days. Accrual is unlimited.

Upon termination, public employees receive a payout of one-fourth of unused sick leave.

Private employers are not required to provide sick leave. See Montana DLI Wage & Hour FAQ.

Workers may take time off for jury duty. Pay is not required.

Public employees get 120 hours of paid military leave per year. Private employers must provide unpaid leave under USERRA.

Public employees may take up to 15 days per year for American Red Cross disaster relief. Private employers are not required to offer this.

Unpaid leave to attend related legal proceedings is available to both public and private employees.

Private employers are not required to offer vacation. If offered, earned vacation is treated as wages. “Use it or lose it” policies are not permitted in Montana. Accrual caps are allowed.

Public employees may use sick leave for a close family member’s funeral. Private employers are not required to offer bereavement leave.

Public employees receive time off for state-recognized holidays. Private employers are not required to provide holiday leave.

Montana’s minimum wage is uniform statewide. No city or county sets a higher rate. The Montana minimum wage of $10.85/hr applies to every jobsite in the state.

Businesses not covered by the FLSA with gross annual sales under $110,000 may pay as low as $4.00/hr. Workers in interstate commerce must still receive the full minimum wage.

These roles may also qualify for sub-minimum rates under Montana law:

• Students in accredited distributive education programs
• Private home workers (babysitting, lawn mowing)
• Family members or dependents of an employer
• Apprentices and learners — exempt for up to 30 days
• Under-18 farm workers — exempt for up to 180 days (must earn at least 50% of minimum wage)
• Persons with disabilities in training or evaluation programs

Montana FLSA exemptions follow the federal EAP framework. Montana labor laws for salaried employees mirror the federal standard. No separate state salary threshold applies.

These employees are exempt from overtime pay under FLSA and Montana law:

• Executive, administrative, and professional (EAP) employees; must meet both salary and duties tests
• Computer professionals earning at least $27.63/hr
• Outside sales employees
• Resident managers of lodging or assisted living facilities who live on-site
• Certain agricultural workers, apprentices, and learners
• Employees of nonprofit seasonal establishments (camps, conference centers)

The operative FLSA salary threshold is $684/week ($35,568/year).

On November 15, 2024, a federal court vacated the Biden-era 2024 overtime rule. The $844/week and $1,128/week increases did not take effect. See the U.S. DOL overtime FAQs.

For Highly Compensated Employees (HCEs): the operative threshold is $107,432/year. The planned $151,164 figure was also vacated.

Under Montana labor laws for salaried employees, the $684/week threshold is the only salary floor that applies. There is no higher state-level threshold.

Montana at-will employment ends when the probationary period does. Montana is the only U.S. state without full at-will employment.

Under the Montana Wrongful Discharge from Employment Act (WDFEA), MCA §39-2-901 et seq., at-will termination only applies during the probationary period. Montana wrongful discharge from employment claims arise when employers fire post-probation workers without good cause.

The default probationary period is 12 months (set by the 2021 WDFEA amendment, MCA §39-2-910). You can extend it, but total probation cannot exceed 18 months. State the probationary period in writing at or before the start of employment.

Montana labor laws termination rules are more restrictive than any other U.S. state. WDFEA Montana protections make documentation essential for every employer.

After probation ends, you must have “good cause” to fire. Good cause is defined in MCA §39-2-903 as:

• Failure to satisfactorily perform job duties
• Material or repeated violation of written company policies
• Disruption of operations
• Other legitimate business reasons within your reasonable judgment

Document performance issues in writing from day one. A wrongful discharge claim can cost up to 4 years of back wages. The claim window is 1 year from termination.

Note: The WDFEA is not enforced by any state agency. Employees must file civil claims in court.

Work Authorization – LEGAL Act (HB 226, Effective July 1, 2025)

All Montana employers must verify work authorization using Form I-9. This must be completed on or before the first day of work. E-Verify is permitted but not required. Montana DLI can audit any employer — by random selection or complaint. See the DLI LEGAL Act page.

High-volume seasonal hiring is a known audit risk. Review your onboarding checklist now.

Montana is not a right-to-work state. Union membership can be a condition of employment. SB 376 failed in 2025. No change to this status. Verify at legmt.gov.

Written consent is required before any background check. Criminal checks are limited to convictions.

Drug testing is allowed in safety-sensitive roles. A written policy must be in place 60 days before testing begins. Recreational marijuana use is not protected if it affects job performance. See Montana Workforce Drug and Alcohol Testing Act (MCA §39-2-205 et seq.).

Contractors cannot require vaccination status disclosure as a condition of site access or employment. Hiring and firing decisions cannot be based on vaccination status.

Montana’s HB 702, codified in the Montana Human Rights Act, prohibits this. The Montana Supreme Court upheld it in Netzer v. State (November 5, 2025). Review any COVID-era site access policies that required proof of vaccination.

Montana’s Human Rights Act prohibits discrimination in hiring and employment. Protected categories include race, color, creed, religion, national origin, sex, age, marital status, and physical or mental disability.

Under Montana employment laws, hiring practices must be free from discrimination. All applicants must have equal opportunity.