Employee Handbook - Montana

EMPLOYEE HANDBOOK — MONTANA

TABLE OF CONTENTS

1. Purpose and Montana Employment Framework
2. Equal Employment and Reporting
3. Pay, Timekeeping, and Benefits
4. Leave and Protected Absences
5. Workplace Standards
6. Corrective Action and Separation
7. Administration and Acknowledgment

1. PURPOSE AND MONTANA EMPLOYMENT FRAMEWORK

1.1 Company and Effective Date

This Handbook states the current workplace policies of [COMPANY LEGAL NAME] (the “Company”) for employees working in Montana. It is effective [__/__/____] and replaces prior handbook versions prospectively.

1.2 Handbook Status

This Handbook is not a contract for employment for a fixed term. It does not guarantee continued employment, a particular disciplinary sequence, or any benefit not vested under a governing plan or agreement. The Company will administer it consistently with the Montana Wrongful Discharge from Employment Act (“WDEA”), other applicable law, signed agreements, and collective bargaining agreements.

1.3 Probationary Period

The Company establishes a probationary period of [12] months beginning on the employee's first day of work. Under Mont. Code Ann. § 39-2-910, if an employer does not establish a specific probationary period or no probationary period at or before work begins, the statutory default is twelve months. The Company may extend a probationary period in writing before it expires, but the original period plus extensions may not exceed eighteen months. Time during each leave of absence is excluded from the period unless the Company affirmatively elects to include that leave as permitted by § 39-2-910.

During probation, either party may end employment on notice for any reason or no reason, subject to laws prohibiting unlawful discrimination, retaliation, and other protected grounds. After probation, the Company will make discharge decisions under the WDEA. “Good cause” includes the grounds stated in § 39-2-903(5), and a discharge may also be wrongful on the other grounds listed in § 39-2-904.

1.4 Written Policies Under the WDEA

Managers must consult [HR/LEGAL] before discharge. The Company will not materially violate an express written personnel policy in a way that deprives an employee of a fair and reasonable opportunity to remain employed. Policies describing discretion use “may” rather than “will,” and no manager may promise a mandatory step or outcome unless authorized in writing.

2. EQUAL EMPLOYMENT AND REPORTING

2.1 Equal Employment Opportunity

The Company prohibits unlawful discrimination in hiring, compensation, discharge, and other employment terms. The Montana Human Rights Act generally covers an employer of one or more persons and protects race, creed, religion, color, national origin, age, physical or mental disability, marital status, and sex under Mont. Code Ann. §§ 49-2-101(11) and 49-2-303. The Company also complies with applicable federal protections.

2.2 Accommodation and Pregnancy

Employees may request a reasonable disability or religious accommodation from [CONTACT]. Montana law treats required reasonable accommodation as part of disability-discrimination protection, subject to undue hardship and safety limits in § 49-2-101(19).

The Company will not terminate an employee because of pregnancy, refuse reasonable pregnancy leave, deny accrued disability or leave benefits because disability results from pregnancy, or require unreasonably long mandatory leave. An employee who timely signifies intent to return after pregnancy-related leave will be restored as required by §§ 49-2-310 and 49-2-311.

2.3 Reporting and Non-Retaliation

Report discrimination, harassment, retaliation, wage concerns, safety issues, or other suspected violations to [SUPERVISOR], [HR], or [ALTERNATE CONTACT]. Reports may be oral or written. The Company will review reports promptly, preserve confidentiality to the extent practicable, prohibit retaliation, and take appropriate action based on the findings.

3. PAY, TIMEKEEPING, AND BENEFITS

3.1 Classification and Workweek

Employees are classified as [FULL-TIME / PART-TIME / TEMPORARY] and [EXEMPT / NONEXEMPT] under applicable law. The workweek is the fixed 168-hour period beginning [DAY/TIME]. Classification labels do not override wage-and-hour law.

3.2 Minimum Wage and Overtime

The 2026 Montana minimum wage is $10.85 per hour. Montana adjusts the rate annually under § 39-3-409. No tip credit, meal credit, or training wage reduces the generally applicable Montana minimum. The limited $4 rate for a non-FLSA-covered business with annual gross sales of $110,000 or less must not be used without payroll and legal review.

Nonexempt employees receive at least one and one-half times the applicable hourly rate for hours over forty in a workweek, subject to the specific exclusions and alternative rules in § 39-3-405 and other applicable law.

3.3 Timekeeping and Off-the-Clock Work

Nonexempt employees must accurately record all work, including required preparation, closing, travel between job sites, meetings, and training. Off-the-clock work is prohibited. Employees must report an error immediately; reporting an error will not result in retaliation.

3.4 Paydays, Direct Deposit, and Deductions

Pay periods are [WEEKLY / BIWEEKLY / SEMIMONTHLY], and wages are paid within ten business days after they become due. If no pay period is established, § 39-3-204 presumes a semimonthly period. Direct deposit is voluntary and requires recorded written or electronic consent. Deductions will be made only when permitted by law and any applicable agreement.

3.5 Benefits and Workplace Injuries

Benefit eligibility and coverage are controlled by the applicable plan documents, not this summary. The Company provides workers' compensation coverage when required and employees must report a workplace injury promptly to [CONTACT]. No employee will be retaliated against for making a good-faith protected report or claim.

4. LEAVE AND PROTECTED ABSENCES

4.1 Federal Family and Medical Leave

Eligible employees of a covered employer may take FMLA leave for qualifying reasons under 29 U.S.C. §§ 2611-2614. Eligibility, certification, substitution of paid leave, intermittent leave, benefit continuation, and restoration are administered under the FMLA policy and controlling law.

4.2 Montana Pregnancy Leave

Pregnancy-related leave and reinstatement are administered under §§ 49-2-310 and 49-2-311 as described in Section 2.2. Employees should provide notice to [CONTACT] as soon as practicable and may be asked for medical certification where the statute permits.

4.3 Military Service

The Company prohibits discrimination based on protected National Guard status or exercise of Montana military-employment rights under § 10-1-1005. A member ordered to state military duty receives leave under § 10-1-1006, and accrued leave will not be deducted unless the member chooses. Return rights, benefits, notice, and statutory timing are governed by § 10-1-1007. Federal USERRA rights also apply where covered.

4.4 Company Leave Policies

The following are Company policies and must be completed before use; they do not create a broader statutory entitlement:

• Jury service: [PAID / UNPAID; NOTICE; DOCUMENTATION]
• Witness or crime-victim participation: [POLICY; COORDINATE REQUIRED PROCESS]
• Voting: [SCHEDULING OR LEAVE POLICY]
• Safety needs related to domestic violence, sexual assault, or stalking: [CONFIDENTIAL CONTACT; PTO/UNPAID OPTIONS; SAFETY PLAN]
• Sick leave/PTO: [ACCRUAL OR FRONTLOAD; USE; CARRYOVER; PAYOUT]
• Bereavement: [POLICY]

These policies will be coordinated with any independently protected absence, accommodation, collective bargaining agreement, and local requirement.

5. WORKPLACE STANDARDS

5.1 Attendance and Conduct

Employees must report as scheduled, follow lawful safety and work rules, accurately maintain records, protect Company and customer property, and avoid dishonesty, threats, violence, unlawful harassment, and material conflicts of interest. Call-in requirements are [METHOD / CONTACT / TIMING], subject to protected-leave and accommodation rules.

5.2 Confidential Information and Protected Activity

Employees must protect trade secrets and legitimately confidential business information. This policy does not prohibit protected reports to government agencies, lawful whistleblowing, discussion of wages or working conditions where protected, participation in an investigation, consultation with counsel, or use of information as otherwise permitted by law.

5.3 Technology and Monitoring

Company systems are for authorized use under the separate [INFORMATION SECURITY / ACCEPTABLE USE] policy. Monitoring must be approved, proportionate, and implemented consistently with applicable privacy, labor, and communications law.

5.4 Separate Agreements

Arbitration, restrictive covenants, invention assignment, confidentiality obligations intended to survive employment, and other binding terms must be placed in separately reviewed agreements. They are not created by this Handbook.

6. CORRECTIVE ACTION AND SEPARATION

6.1 Corrective Action

Depending on the circumstances, the Company may use coaching, verbal warning, written warning, final warning, suspension, reassignment, or discharge. The Company may select or skip steps. This discretionary framework is not a promise of progressive discipline. Post-probation discharge decisions remain subject to the WDEA, including good cause and the Company's express written policies.

6.2 Final Pay

When an employee quits or otherwise separates without an employer discharge for cause or layoff, unpaid wages are due by the next regular payday for the applicable period or within fifteen days after separation, whichever occurs first. When the Company discharges for cause or lays off an employee, wages are generally due immediately; a preexisting written personnel policy may extend payment only to the next regular payday for the period or fifteen days, whichever occurs first. The theft-allegation withholding route in § 39-3-205(3) may be used only after legal review and strict compliance.

6.3 Return of Property and Earned Compensation

Employees must return Company property and records. The Company will not condition earned-wage payment on signing a release or returning disputed property and will not make an unapproved deduction or setoff. Vacation, bonuses, commissions, expenses, and other benefits are handled under the governing written policy, plan, agreement, and applicable law.

7. ADMINISTRATION AND ACKNOWLEDGMENT

7.1 Changes and Conflicts

The Company may prospectively revise policies in writing, subject to applicable law, earned compensation, vested benefits, signed agreements, and collective bargaining agreements. If a policy conflicts with controlling law, the law controls.

7.2 No Mandatory Internal Exhaustion

Internal reporting is encouraged, but employees do not have to waive or delay a protected agency contact, charge, report, testimony, emergency request, or legal remedy.

7.3 No Risk-Shifting Terms

This Handbook does not impose employee indemnity, a damages cap, attorney-fee shifting, an exclusive forum, arbitration, a jury waiver, a restrictive covenant, a pre-claim notice-and-cure period, or force-majeure relief from wage, leave, safety, or insurance obligations.

EMPLOYEE ACKNOWLEDGMENT

I acknowledge receipt of the [COMPANY LEGAL NAME] Employee Handbook effective [__/__/____]. I understand that:

1. I am responsible for reading the Handbook and asking [HR CONTACT] about unclear policies.
2. The Handbook is not a contract for employment for a fixed term.
3. My probationary status and any extension will be identified in writing consistently with Mont. Code Ann. § 39-2-910.
4. After probation, discharge decisions are governed by the WDEA and other applicable law.
5. The Company may prospectively revise policies in writing, subject to applicable law and binding agreements.
6. Nothing in the Handbook requires me to waive or delay protected reports, agency contacts, or remedies.

Employee Name: [________________________________]

Employee Signature: [________________________________]

Date: [__/__/____]

Company Representative: [________________________________]

Date: [__/__/____]

OFFICIAL SOURCES AND IMPLEMENTATION REFERENCES

• Montana Legislature — § 39-2-903
• Montana Legislature — § 39-2-904
• Montana Legislature — § 39-2-910
• Montana Legislature — § 39-3-204
• Montana Legislature — § 39-3-205
• Montana Legislature — § 39-3-405
• Montana Legislature — § 39-3-409
• Montana DLI — 2026 Minimum Wage
• Montana Legislature — § 49-2-101
• Montana Legislature — § 49-2-303
• Montana Legislature — § 49-2-310
• Montana Legislature — § 49-2-311
• Montana Legislature — §§ 10-1-1005 to 10-1-1007