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WORK ON A HOLIDAY: NON-EXEMPT EMPLOYEES Receive one and one-half times the regular rate for the hours worked on the holiday and receive holiday benefit hours paid at the regular rate. the employee's attendance is needed.
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.
According to the Bureau of Labor Statistics, on average American workers receive 10 days of paid time off per year, after they've completed one year of service. That time doesn't include sick days and holidays. While the number goes up or down a bit, depending on industry and region, 10 is the national average.
If an employee has unused accrued PTO when they quit, are fired, or otherwise separate from the company, they may be entitled to be paid for that time. Around half of the 50 states have statutes that require companies to pay out employees' unused PTO when the employment relationship ends.
Unlike the vast majority of states, Montana does not adhere to the doctrine of employment at will. 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.
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.
Private sector employers are not required to pay out severance pay, sick leave or paid time off (PTO). These are considered benefits and may be paid based on the employer's policies. There is no requirement in state law to provide these benefits.
The average paid vacation days per year for employees who have been with a business for 1-5 years is 10 days. Employees who have been with a business for 5-10 years receive an average of 15 days for vacation. The average number of vacation days employees who have worked at a business between 10-20 years receive is 17.
Final paychecks in Montana If an employee is terminated or laid off, they must be paid all final wages immediately upon separation unless there is a written policy that extends the payment to the next regular payday or within 15 days, whichever comes first.
In 2017, the average worker with five years of experience at a company was given 15 days of paid vacation and the average worker with 20 years of experience was given 20 paid vacation days.