Takeaways
- Only certain volunteer emergency service providers and members are subject to HB 128.
- Employers may not terminate volunteer emergency service providers or members after their probationary period has ended for being absent or late to work due to performing emergency volunteer services.
- Employees must provide written notice of their status as a volunteer emergency service provider or membership of a volunteer emergency service unit or organization.
- Non-exempt employees are not owed regular pay for time missed from work for performing volunteer emergency services.
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On April 16, 2025, Montana Governor signed into effect HB 128: An Act Protecting Volunteer Emergency Service Providers From Termination by a Public or Private Employer Under Certain Conditions; and Providing for a Legal Cause of Action for Wrongful Termination. The purpose of this bill is to provide employment protection for certain volunteer service providers who are late or absent for work due to their volunteer positions. The bill also increases communication and transparency between these workers and their employers.
Under HB 128, a public or private employer is prohibited from terminating an employee whose probationary period has ended because the “employee elected to serve as a volunteer emergency services provider or joined a volunteer emergency unit or organization, including but not limited to a municipal, rural, or subscription fire department.” For purposes of this bill, “‘volunteer emergency services provider’ means a volunteer firefighter as defined in M.C.A. § 7-33-4510 or a volunteer emergency medical technician as defined in M.C.A. § 50-6-202, and who are not paid full-time by the entity for which services are performed in the local service area.”
Pursuant to HB 128, employees must provide notice to their employer if they serve as a volunteer services provider or join a volunteer emergency unit or organization. Employees serving before the effective date of the bill (April 16, 2025) are required to provide written notification of their service within 30 days of the effective date of the bill. After the effective of date of this bill, employees who become volunteer emergency service providers or join volunteer emergency units or organizations, must provide this written notice within 30 days of their change of status or within 30 days of hire. Once an employer receives written notice, they cannot terminate an employee for being absent or late to work due to performing volunteer emergency service duties if the employee’s probationary period has been completed. The bill incorporates a probationary period of twelve (12) months, commencing on the date that the employee begins work, unless an employer establishes an alternative probationary period. M.C.A. § 39-2-910 (1). Employers may extend a probationary period prior to its expiration but the original probationary period with extensions cannot exceed 18 months. M.C.A. § 39-2-910(2).
There are several conditions that the employee and employer must follow under the bill:
- An employee who will be absent or late to work due to performing volunteer emergency service duties must provide notice to their employer as soon as possible. If an employee’s “absence or delay would imperil public safety or prevent the [employer] from performing an essential function, the [employer] may require the employee to request and receive” prior authorization to respond to an emergency.
- Non-exempt employees may not claim regular pay for the time absent due to performing volunteer emergency service duties. An employer may deduct regular pay for time not worked.
- Employers determine whether an employer may leave work to respond to an emergency.
