49-2-310. Maternity leave — unlawful acts of employers. It is unlawful for an employer or an employer’s agent to:

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Terms Used In Montana Code 49-2-310

  • Employee: means an individual employed by an employer. See Montana Code 49-2-101
  • Employer: means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a nonmembership basis. See Montana Code 49-2-101

(1)terminate a woman’s employment because of the woman’s pregnancy;

(2)refuse to grant to the employee a reasonable leave of absence for the pregnancy;

(3)deny to the employee who is disabled as a result of pregnancy any compensation to which the employee is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by the employer, provided that the employer may require disability as a result of pregnancy to be verified by medical certification that the employee is not able to perform employment duties; or

(4)require that an employee take a mandatory maternity leave for an unreasonable length of time.