Update Applicable to:	Effective Date
All Employers in Montana	October 1, 2025

What happened?

On April 16, 2025, Montana Governor Greg Gianforte signed House Bill 128 into law, protecting employees who serve as volunteer emergency responders from being fired due to absences caused by emergency duties.

Overview:

Montana HB 128 – Summary of Employment Protections for Volunteer Emergency Responders

Purpose:

• To ensure that employees who volunteer as firefighters or emergency medical technicians are not terminated for being late or absent from work while responding to emergencies.

• The law applies to both public and private employers.

Key Provisions

• Who’s Protected: Volunteer firefighters and EMTs who are not paid full-time by the emergency service organization.

• Employment Protection: Employers may not fire employees who have completed their probationary period for serving as volunteer emergency responders or for joining a volunteer emergency unit.

• Notice Requirements: Employees must notify their employer in writing:
  • Within 30 days of the law’s effective date (if already volunteering),
  • Within 30 days of joining a volunteer unit,
  • Or within 30 days of being hired (if already a volunteer).

• Absences for Emergencies: Employees must notify their employer as soon as possible if they are late or absent due to an emergency. Employers may require prior approval if the absence would disrupt essential operations or public safety.

• Pay and Leave:
  • Time spent responding to emergencies is unpaid for non-exempt employees.
  • Employers may deduct pay for missed time.
  • Employers decide whether employees may leave work to respond to emergencies.

• Legal Recourse: Employees who are wrongfully terminated may file a civil claim within one year under Montana’s Wrongful Discharge From Employment Act.

Employer Action Items

• Identify employees who serve as volunteer emergency responders.
• Update attendance and leave policies to comply with the new law.
• Consult legal counsel regarding pay practices, especially for exempt employees.

Source References

• Montana HB 128 – Protect volunteer emergency service providers from termination

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