Montana recently enacted legislation (House Bill 128) aimed at protecting employees who serve as volunteer emergency services providers from wrongful termination that takes effect on October 1, 2025. This law ensures that individuals who contribute to public safety through volunteer fire or emergency medical services are not penalized by their employers for fulfilling these civic duties, especially during emergencies.
The law prohibits both public and private employers from terminating an employee for serving as a volunteer emergency services provider, provided the employee has completed their probationary period. While retaining an employer’s right to decide if an employee is allowed to leave work to respond to an emergency if they have already started their workday.
The law applies to individuals serving roles such as:
- Volunteer firefighters;
- Volunteer emergency medical technicians (EMTs); and
- Members of municipal, rural, or subscription-based fire departments.
To qualify for protection, employees must notify their employer in writing of their volunteer status.
Importantly, employees cannot claim regular pay for time spent responding to emergencies, and employers are entitled to deduct pay for such absences. However, employers must be mindful of the salary basis requirements for exempt employees under the Fair Labor Standards Act (FLSA).
Next Steps for Employers
To ensure compliance with this new regulation, employers should take the following steps:
- Update employment policies to reflect protections for volunteer emergency service providers;
- Review notification procedures and create a standardized form or process for employees to declare volunteer status;
- Establish communication protocols for emergency-related absences, including acceptable forms of notification and documentation;
- Train human resource and supervisory staff in the new law to ensure consistent and lawful handling of emergency-related absences; and
- Adjust payroll systems to manage unpaid time related to emergency response appropriately.
