Mont. Code Ann. § 39-2-105

This is the official text of Mont. Code Ann. § 39-2-105, part of Montana’s Code Ann — part of the compiled statutory law of Montana, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.

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39-2-105 Employer requirements -- employees -- public office

Official statutory text

39-2-105 . Employer requirements -- employees -- public office. (1) In addition to the requirements in 39-2-104 , an employer may not prohibit or restrict an employee from seeking election or appointment to a city, county, or state public office or retaliate or discriminate against an employee for seeking election or appointment to a city, county, or state public office.

(2) During an employee's leave of absence while serving as an elected officer or while appointed to a public office under 39-2-104 , the employer may not require an employee:

(a) to use leave or benefits during the mandatory leave of absence without the consent of the employee; or

(b) to perform work during the mandatory leave of absence.

(3) If the employer provides a company phone, computer, or phone number and the employer allows the employee's personal use of the company phone, computer, or phone number, the employer may not prohibit the employee's use of the phone, computer, or phone number during the leave of absence provided in 39-2-104 .

(4) If the employer provides health care benefits to the employee, the employer shall continue offering the employee health care benefits with the same covered benefits and covered persons, as those terms are defined in 33-32-102 , during the leave of absence provided for in 39-2-104 .

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.