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Montana prohibits use-it-or-lose-it for vacation time. If an employer provides vacation time, however, vacation time that has been earned ing to an employer's policy is considered wages and therefore is due and payable in the same manner as regular wages.
Use-it-or-lose-it policy: Employees must use all their PTO time by a certain date, usually within a calendar or fiscal year, or forfeit it. For example, if an employee has five remaining accrued PTO days at the end of the year and does not use them, they will be forever lost and unavailable in the next calendar year.
Under Montana law, ?Good cause? is defined as ? reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer's operation, or other legitimate business reason.? MCA § 39-2-903(5).
Statute of Limitations -- (§ 39-3-207, MCA) ? An employee has 180 days from the default of the payment to file a wage claim. ? An employee may recover wages and penalties for a period of 2 years, 3 years if willful violation.
ItorLoseIt policy is prohibited by state law. A ?useitorloseit? employee vacation policy requires an employee to lose any unused vacation time after a specific date, such as the end of the year. Montana is one of the few states in the US where this policy is prohibited.
Montana uses the federal FLSA provisions to regulate overtime requirements, as well as exceptions. Generally speaking, FLSA considers all work exceeding 40 hours in a workweek to be considered overtime.
If an employee is laid off, or discharged, all wages are due immediately unless the employer has a pre-existing, written personnel policy that extends the time for payment. The wages cannot be delayed beyond the next pay day for the period in which the separation occurred, or 15 days, whichever occurs first.
itorloseit vacation policy is not allowed in California, Colorado, Montana, and Nebraska. itorloseit vacation policy means that employees can't build up vacation time indefinitely.