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Under the Family and Medical Leave Act (FMLA), you can take a leave of absence from work for up to 12 weeks in a 12-month period. This leave can help you manage personal medical issues or care for a family member. To ensure you meet the requirements, you can use the Montana File Form for Family and Medical Leave, which provides necessary documentation for your specific situation.
Doctors aren't the only health care providers who may certify FMLA leave. Podiatrists, dentists, clinical psychologists, optometrists and chiropractors can all certify leave, as can nurse practitioners, nurse-midwives, clinical social workers and physician assistants.
Montana provides: Six weeks of maternity leave for birth mothers employed by the state. 15 days of paternity leave for birth fathers or adoptive parents. 15 days of other leave for family illness or death.
The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.
The FAMLI Act Provides Paid Leave for Montanans The FAMLI Act functions similarly to how unemployment insurance work. Employers and employees would both contribute a small amount less than one half of 1 percent of a workers' wages to the FAMLI fund.
To apply for FMLA, the employee must take an FMLA Medical Certification Form to their health care provider. This form ensures that the employee's or family member's applicable health condition is valid. After receiving the form, the employee must return it within 15 calendar days.
Montana Leave of Absence (FMLA): What you need to know However, Montana does not have such a law. The Montana Maternity Leave Act requires all employers to grant a female employee a reasonable leave of absence for pregnancy.
The employee must: Have worked for the employer for at least 12 months; 2022 Have at least 1,250 hours of service in the 12 months before taking leave; and 2022 Work at a location where the employer has at least 50 employees within 75 miles of the employee's worksite.
Getting Paid During Your Time Off in MontanaFMLA leave and leave under the Montana Human Rights Act is unpaid. However, you may ask (or your employer may require you) to use your accrued paid leave (like sick days, vacation, or PTO) to get paid during your time off.
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.