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- 2025
69th Legislature 2025 HB 128
- 1 - Authorized Print Version – HB 128
ENROLLED BILL
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Termination of volunteer emergency services provider prohibited -- conditions --
definition. (1) An agency may not terminate the employment of an employee who has completed the
employee's probationary period because the employee has 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.
(2) An employee who serves as a volunteer emergency services provider before [the effective date
of this section] shall provide the agency with a written notification of the service within 30 days of [the effective
date of this section]. An employee who joins a volunteer emergency unit or organization after [the effective date
of this section] shall provide the agency with written notification within 30 days of joining the unit or
organization. An employee hired by an agency shall provide the agency with written notification that the
employee is a volunteer emergency services provider within 30 days of hire.
(3) (a) Except as provided in subsection (1), after written notification is provided, the agency may
not terminate the employment of a volunteer emergency services provider if the employee is absent or late to
work while performing volunteer emergency service duties during an emergency and the provisions in this
subsection (3) are fulfilled.
(b) An employee who is a volunteer emergency services provider and is absent from or late to
work while performing volunteer emergency service duties during an emergency shall notify the agency as soon
as possible that the employee may be absent or late because of volunteer emergency service. If an employee's
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ENROLLED BILL
absence or delay would imperil public safety or prevent the agency from performing an essential function, the
agency may require the employee to request and receive authorization prior to responding to an emergency.
(c) An agency may request that an employee who is a volunteer emergency service provider and
is absent from or late to work provide a written statement from a supervisor of the volunteer emergency service
organization that the employee responded to an emergency and provide the date, time, and duration of the
emergency.
(d) An employee may not claim regular pay for the time that the employee is absent from or late to
work while performing volunteer emergency service duties. If the pay was claimed, the agency may deduct that
amount of regular pay for the time the employee was not present at work.
(4) An agency shall determine whether an employee may leave work to respond to an emergency
as a part of the employee's volunteer emergency service.
(5) An employee whose employment is terminated in violation of this section may bring a civil
action against the agency employer under 39-2-904. If the employee prevails in a civil action, the employee is
entitled to the remedies in 39-2-905. The action must be commenced within 1 year after the date of termination
of employment.
(6) For the purposes of this section, "volunteer emergency services provider" means a volunteer
firefighter as defined in 7-33-4510, a volunteer who is an enrolled member of a volunteer fire department
established under 7-33-4109, or a volunteer emergency medical technician as defined in 50-6-202, and who is
not paid full-time by the entity for which the services are performed in the local service area.
Section 2. Termination of volunteer emergency services provider prohibited -- conditions --
definition. (1) An employer may not terminate the employment of an employee who has completed the
employee's probationary period because the employee has 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.
(2) An employee who serves as a volunteer emergency services provider before [the effective date
of this section] shall provide the employer with a written notification of the service within 30 days of [the
effective date of this section]. An employee who joins a volunteer emergency unit or organization after [the
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ENROLLED BILL
effective date of this section] shall provide the employer with written notification within 30 days of joining the unit
or organization. An employee hired by an employer shall provide the employer with written notification that the
employee is a volunteer emergency services provider within 30 days of hire.
(3) (a) Except as provided in subsection (1), after written notification is provided, the employer may
not terminate the employment of a volunteer emergency services provider if the employee is absent or late to
work while performing volunteer emergency service duties during an emergency and the provisions in this
subsection (3) are fulfilled.
(b) An employee who is a volunteer emergency services provider and is absent from or late to
work while performing volunteer emergency service duties during an emergency shall notify the employer as
soon as possible that the employee may be absent or late because of volunteer emergency service. 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 authorization prior to responding to an
emergency.
(c) An employer may request that an employee who is a volunteer emergency service provider and
is absent from or late to work provide a written statement from a supervisor of the volunteer emergency service
organization that the employee responded to an emergency and provide the date, time, and duration of the
emergency.
(d) An employee may not claim regular pay for the time that the employee is absent from or late to
work while performing volunteer emergency service duties. If the pay was claimed, the employer may deduct
that amount of regular pay for the time the employee was not present at work.
(4) An employer shall determine whether an employee may leave work to respond to an
emergency as a part of the employee's volunteer emergency service.
(5) An employee whose employment is terminated in violation of this section may bring a civil
action against the employer under 39-2-904. If the employee prevails in a civil action, the employee is entitled
to the remedies in 39-2-905. The action must be commenced within 1 year after the date of termination of
employment.
(6) For the purposes of this section, "volunteer emergency services provider" means a volunteer
firefighter as defined in 7-33-4510, a volunteer who is an enrolled member of a volunteer fire department
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established under 7-33-4109, or a volunteer emergency medical technician as defined in 50-6-202, and who is
not paid full-time by the entity for which the services are performed in the local service area.
Section 3. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of
Title 2, chapter 18, part 6, and the provisions of Title 2, chapter 18, part 6, apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 39, chapter 2, part 3, and the
provisions of Title 39, chapter 2, part 3, apply to [section 2].
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I hereby certify that the within bill,
HB 128, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 128
INTRODUCED BY L. JONES, W. GALT, L. MUSZKIEWICZ, J. SECKINGER, J. WEBER, D. POWERS, S.
ROSENZWEIG, E. TILLEMAN, D. BEDEY, E. BUTTREY, M. CUFFE, W. CURDY, B. GILLESPIE, S. GIST, C.
SPRUNGER, G. LAMMERS, D. LOGE, S. FITZPATRICK, B. LER, K. WALSH, G. OBLANDER, J.
FITZPATRICK, S. MORIGEAU, M. THANE, P. TUSS, Z. WIRTH
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.