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69th Legislature 2025 HB 128.1
- 1 - Authorized Print Version – HB 128
1 HOUSE BILL NO. 128
2 INTRODUCED BY L. JONES, W. GALT, L. MUSZKIEWICZ, J. SECKINGER, J. WEBER, D. POWERS, S.
3 ROSENZWEIG, E. TILLEMAN, D. BEDEY, E. BUTTREY, M. CUFFE, W. CURDY, B. GILLESPIE, S. GIST, C.
4 SPRUNGER, G. LAMMERS, D. LOGE, S. FITZPATRICK, B. LER, K. WALSH, G. OBLANDER, J.
5 FITZPATRICK, S. MORIGEAU, M. THANE, P. TUSS, Z. WIRTH
6
7 A BILL FOR AN ACT ENTITLED: “AN ACT PROTECTING VOLUNTEER EMERGENCY SERVICE
8 PROVIDERS FROM TERMINATION BY A PUBLIC OR PRIVATE EMPLOYER UNDER CERTAIN
9 CONDITIONS; AND PROVIDING FOR A LEGAL CAUSE OF ACTION FOR WRONGFUL TERMINATION.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 NEW SECTION. Section 1.
14 (1) An agency may not terminate the employment of an employee because the
15 employee has elected to serve as a volunteer emergency services provider or joined a volunteer emergency
16 unit or organization, including but not limited to a municipal, rural, or subscription fire department.
17 (2) An employee who serves as a volunteer emergency services provider before [the effective date
18 of this section] shall provide the agency with a written notification of the service within 30 days of [the effective
19 date of this section]. An employee who joins a volunteer emergency unit or organization after [the effective date
20 of this section] shall provide the agency with written notification within 30 days of joining the unit or
21 organization. Before accepting an offer of employment, an employee shall provide the agency with written
22 notification that the employee is a volunteer emergency services provider.
23 (3) (a) After written notification is provided, the agency may not terminate the employment of a
24 volunteer emergency services provider if the employee is absent or late to work and the provisions in this
25 subsection (3) are fulfilled.
26 (b) An employee who is a volunteer emergency services provider and is absent from or late to
27 work while performing volunteer emergency service duties shall notify the agency as soon as possible that the
28 employee may be absent or late because of volunteer emergency service. ****
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1 (c) An agency may request that an employee who is a volunteer emergency service provider and
2 is absent from or late to work provide a written statement from a supervisor of the volunteer emergency service
3 organization that the employee responded to an emergency and provide the date and the time of the
4 emergency.
5 (d) An employee may not claim regular pay for the time that the employee is absent from or late to
6 work while performing volunteer emergency service duties. If the pay was claimed, the agency may deduct that
7 amount of regular pay for the time the employee was not present at work.
8 (4) An agency shall determine whether an employee may leave work to respond to an emergency
9 as a part of the employee's volunteer emergency service.
10 (5) An employee whose employment is terminated in violation of this section may bring a civil
11 action against the agency. The employee may seek reinstatement to the employee's former position, payment
12 of back wages, reinstatement of fringe benefits, and, in situations in which seniority rights are granted,
13 reinstatement of seniority rights. If the employee prevails in a civil action, the employee is entitled to an award
14 of reasonable attorney fees and costs of the action. An employee must commence an action within 1 year after
15 the date of termination of employment.
16 (6) For the purposes of this section, "volunteer emergency services provider" means a volunteer
17 firefighter as defined in 7-33-4510, a volunteer who is an enrolled member of a volunteer fire department
18 established under 7-33-4109, or a volunteer emergency medical technician as defined in 50-6-202, and who is
19 not paid full-time by the entity for which the services are performed in the local service area, in a mutual aid
20 agreement area, or in a state of disaster or emergency declared by the governor.
21
22 NEW SECTION. Section 2.
23 (1) An employer may not terminate the employment of an employee because the
24 employee has elected to serve as a volunteer emergency services provider or joined a volunteer emergency
25 unit or organization, including but not limited to a municipal, rural, or subscription fire department.
26 (2) An employee who serves as a volunteer emergency services provider before [the effective date
27 of this section] shall provide the employer with a written notification of the service within 30 days of [the
28 effective date of this section]. An employee who joins a volunteer emergency unit or organization after [the ****
69th Legislature 2025 HB 128.1
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1 effective date of this section] shall provide the employer with written notification within 30 days of joining the unit
2 or organization. Before accepting an offer of employment, an employee shall provide the employer with written
3 notification that the employee is a volunteer emergency services provider.
4 (3) (a) After written notification is provided, the employer may not terminate the employment of a
5 volunteer emergency services provider if the employee is absent or late to work and the provisions in this
6 subsection (3) are fulfilled.
7 (b) An employee who is a volunteer emergency services provider and is absent from or late to
8 work while performing volunteer emergency service duties shall notify the employer as soon as possible that
9 the employee may be absent or late because of volunteer emergency service.
10 (c) An employer may request that an employee who is a volunteer emergency service provider and
11 is absent from or late to work provide a written statement from a supervisor of the volunteer emergency service
12 organization that the employee responded to an emergency and provide the date and the time of the
13 emergency.
14 (d) An employee may not claim regular pay for the time that the employee is absent from or late to
15 work while performing volunteer emergency service duties. If the pay was claimed, the employer may deduct
16 that amount of regular pay for the time the employee was not present at work.
17 (4) An employer shall determine whether an employee may leave work to respond to an
18 emergency as a part of the employee's volunteer emergency service.
19 (5) An employee whose employment is terminated in violation of this section may bring a civil
20 action against the employer. The employee may seek reinstatement to the employee's former position, payment
21 of back wages, reinstatement of fringe benefits, and, in situations in which seniority rights are granted,
22 reinstatement of seniority rights. If the employee prevails in a civil action, the employee is entitled to an award
23 of reasonable attorney fees and costs of the action. An employee must commence an action within 1 year after
24 the date of termination of employment.
25 (6) For the purposes of this section, "volunteer emergency services provider" means a volunteer
26 firefighter as defined in 7-33-4510, a volunteer who is an enrolled member of a volunteer fire department
27 established under 7-33-4109, or a volunteer emergency medical technician as defined in 50-6-202, and who is
28 not paid full-time by the entity for which the services are performed in the local service area, in a mutual aid ****
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1 agreement area, or in a state of disaster or emergency declared by the governor.
2
3 NEW SECTION. Section 3. (1) [Section 1] is intended to be codified as an
4 integral part of Title 2, chapter 18, part 6, and the provisions of Title 2, chapter 18, part 6, apply to [section 1].
5 (2) [Section 2] is intended to be codified as an integral part of Title 39, chapter 2, part 3, and the
6 provisions of Title 39, chapter 2, part 3, apply to [section 2].
7 - END -