Montana Employee Vacation Request
Description
How to fill out Employee Vacation Request?
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FAQ
Under the Act, a discharge is wrongful if it is in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy. If the discharge is not for good cause and the employee has completed the employer's probationary period of employment it will amount to a wrongful discharge.
No use-it-or-lose-it policies permitted. Under California law, vacation is treated the same as earned wages and vest as the employee performs work. Because vacation is earned proportionally as the employee works, policies requiring employees to lose vacation already earned is illegal under California law.
So called 'use it or lose it' policies are not permitted in Montana. However, caps, or maximum accumulation amounts can be instituted which effectively prevent additional vacation to accrue until existing time is utilized.
Yes, your employer can stop you from taking a paid vacation.
To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability.
Montana enacted the Wrongful Discharge From Employment Act (WDFEA) to balance the need to protect employees from wrongful terminations with an employer's need for protection from employee poor performance or bad behavior. Under the WDFEA, after a probationary period, an employee can be terminated only for good cause.
Can an employer require its employees to take holiday at a particular time? Yes, an employer can require employees to take annual leave, provided that they follow the relevant procedures, in particular giving the employee the required notice.
Montana law does not require that employers provide mandatory paid sick leave or parental leave. Although if employers have promised sick leave, they may be under obligation to provide it. Montana law states that accrued vacation days are considered to be wages.
In general, yes, employers may require the use of vacation/paid time off (PTO) and restrict its use. When there are no legal requirements, such as state and local paid sick leave laws, restrictions on the amount of notice required and the increments in which PTO may be used, are common.
In every state besides Montana, employees work at will during the entire length of their employment. This means that employers can fire employees in those states at any time and for any reason that isn't illegal. In Montana, however, employees work at will only during an initial probationary period.
