§ 10-1-1001 Short title
§ 10-1-1002 Purpose — legislative intent
§ 10-1-1003 Definitions
§ 10-1-1004 Rights under federal law
§ 10-1-1005 Prohibition against employment discrimination
§ 10-1-1006 Entitlement to leave of absence
§ 10-1-1007 Right to return to employment without loss of benefits — exceptions — definition
§ 10-1-1008 Leave of absence for elected officials — restoration to office
§ 10-1-1009 Paid military leave for public employees
§ 10-1-1010 Appointment of acting officials
§ 10-1-1015 Procedure for filing complaint
§ 10-1-1016 Assistance, investigation, and enforcement of complaints
§ 10-1-1017 Enforcement and investigative powers of department
§ 10-1-1018 Referral of complaint to state attorney general
§ 10-1-1019 Independent lawsuit not precluded — exhaustion of administrative remedies
§ 10-1-1020 Jurisdiction — venue — standing — respondent — time limit — expedited hearing
§ 10-1-1021 Court remedies
§ 10-1-1022 Special revenue account for payment to claimants
§ 10-1-1027 Rulemaking authority
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Terms Used In Montana Code > Title 10 > Chapter 1 > Part 10 - Montana Military Service Employment Rights

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of labor and industry established in 2-15-1701. See Montana Code 10-1-1003
  • Elected official: means an official duly elected or appointed to any state or local judicial, legislative, or executive elective office of the state, a district, or a political subdivision of the state, including a school district or any other local district. See Montana Code 10-1-1003
  • Employer: means any public or private person or entity providing employment in Montana. See Montana Code 10-1-1003
  • Federally funded military duty: means duty, whether voluntary or involuntary, including training, performed pursuant to orders issued under Title 10 or Title 32 of the United States Code and the time period, if any, required pursuant to a licensed physician's certification to recover from an illness or injury incurred while performing the duty. See Montana Code 10-1-1003
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Member: means a member of the state's organized militia provided for in 10-1-103 or a member of the national guard of another state. See Montana Code 10-1-1003
  • Military service: includes both federally funded military duty and state military duty, whether voluntary or involuntary. See Montana Code 10-1-1003
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Property: means real and personal property. See Montana Code 1-1-205
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • State military duty: means duty, whether voluntary or involuntary, performed by a member pursuant to Article VI, section 13, of the Montana constitution, the authority of the governor of any other state, or 10-1-505 and the time period, if any, required pursuant to a licensed physician's certification to recover from an illness or injury incurred while performing the state military duty. See Montana Code 10-1-1003
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Venue: The geographical location in which a case is tried.
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
  • Writing: includes printing. See Montana Code 1-1-203