Mont. Code Ann. » TITLE 49. HUMAN RIGHTS · CHAPTER 2. ILLEGAL DISCRIMINATION · Part 3. Prohibited Discriminatory Practices
Montana Code Annotated

Mont. Code Ann. § 49-2-311 (2026)

Reinstatement To Job Following Pregnancy-Related Leave Of Absence

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  1. MCA Contents
  2. TITLE 49
  3. CHAPTER 2
  4. Part 3
  5. 49-2-311 Reinstatement to job following pregnancy-related leave of absence

TITLE 49. HUMAN RIGHTS

CHAPTER 2. ILLEGAL DISCRIMINATION

Part 3. Prohibited Discriminatory Practices

Reinstatement To Job Following Pregnancy-Related Leave Of Absence

49-2-311. Reinstatement to job following pregnancy-related leave of absence. Upon signifying an intent to return at the end of a pregnancy-related leave of absence, the employee must be reinstated to the employee's original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and other service credits unless, in the case of a private employer, the employer's circumstances have so changed as to make it impossible or unreasonable to do so.

History: En. 41-2602 by Sec. 2, Ch. 320, L. 1975; R.C.M. 1947, 41-2602(2); MCA 1981, 39-7-204; redes. 49-2-311 by Sec. 2, Ch. 285, L. 1983; amd. Sec. 1801, Ch. 56, L. 2009.

Notes of Decisions
Cited in 2 cases, 1984–2003 · leading case: Woolaver v. State, 2003 VT 71, 833 A.2d 849.
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Woolaver v. State, 2003 VT 71, 833 A.2d 849. “§ 46a-60(a)(7)(D) (2003); Mont. Code Ann. § 49-2-311 (2003). We can find no case law interpreting this language to preclude discharge for cause during leave, and so we can make no determination about how it would be construed by the Connecticut or Montana courts.”
Miller-Wohl Co. v. Comm'r of Labor & Indus., 692 P.2d 1243 (Mont. 1984). · cites it 5× “Miller-Wohl clearly violated this statute. Section 49-2-310, MCA (1983).”
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