Montana

In Montana, various laws and programs are designed to support pregnant workers and new parents as they navigate the balance between work and family responsibilities. Below is an overview of these protections and resources:

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under Montana law, it is unlawful for an employer to terminate a woman's employment because of her pregnancy, refuse to grant a reasonable leave of absence for pregnancy, deny compensation for pregnancy-related disabilities if such benefits are provided for other disabilities, or require an employee to take mandatory maternity leave for an unreasonable length of time.
These provisions are outlined in the Montana Code Annotated § 49-2-310.

Workplace Accommodations

The federal Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the operation of the business. Examples of reasonable accommodations include:
More frequent breaks, seating or ergonomic adjustments, flexible scheduling for prenatal appointments, and temporary reassignment of certain job duties.

Montana employers are expected to comply with these federal requirements.

Workplace Safety for Pregnant Workers

Employers are obligated to maintain a safe working environment for all employees, including those who are pregnant. If a pregnant worker believes her job poses a risk to her health or that of her unborn child, she can request a workplace accommodation. Employers are required to provide reasonable accommodations unless it causes undue hardship.

Taking Time Off Work

Family and Medical Leave Act (FMLA)

Under federal law, eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons, including childbirth and caring for a newborn. Eligibility requirements include:
Employment with a covered employer (private-sector employers with 50 or more employees, public agencies, and public or private elementary or secondary schools).
Having worked for the employer for at least 12 months.
Accumulated at least 1,250 hours of service during the 12 months prior to the leave.

Pregnancy Leave

Montana law mandates that employers provide reasonable leave of absence for pregnancy. Upon signifying intent to return at the end of the leave, the employee must be reinstated to her original job or an equivalent position with equivalent pay and accumulated benefits, unless the employer's circumstances have changed to make it impossible or unreasonable to do so.

Returning to Work with a Baby

Break Time for Nursing Mothers

The federal Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act requires employers to provide reasonable break time and a private, non-bathroom space for employees to express breast milk for up to one year after the child's birth.

In Montana, public employers are required to adopt policies supporting and encouraging the practice of breastfeeding, accommodating the breastfeeding-related needs of employees, and ensuring that employees are provided with adequate facilities for breastfeeding or the expression of milk.

Parental Rights for Sick or Family Leave

If a child or family member has a serious health condition, eligible employees may qualify for unpaid leave under FMLA to provide care.

Workplace Protections for New Parents

Equal Pay: Montana law ensures that employees are entitled to equal pay for equal work, regardless of gender or parental status.

Employment Termination: Employers are prohibited from terminating or retaliating against employees for taking protected leave (e.g., FMLA) or requesting pregnancy-related accommodations.

Job Protection: FMLA guarantees that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in Montana

Childcare Assistance

The Montana Department of Public Health and Human Services offers the Best Beginnings Child Care Scholarship Program, providing financial assistance to eligible families for childcare expenses. This program supports parents who are working, seeking employment, or attending school or job training.

Temporary Assistance for Needy Families (TANF)

TANF provides monthly cash payments to help families with children aged 18 and younger pay for basic needs such as food, clothing, housing, and utilities. Eligibility is based on income and resource limits.

Flexible Work Policies

While not mandated by law, some Montana employers may offer flexible work arrangements, remote work options, or paid parental leave as part of their benefits packages. Employees are encouraged to consult their employer's human resources department to learn about available options.

These laws and programs aim to support pregnant workers and new parents in Montana as they balance work and family responsibilities.