Protect volunteer emergency service providers from termination
Summary
HB 128 creates job-protection rules for volunteer emergency services providers in Montana. It prohibits a public or private employer from firing an employee who has completed probation solely because the employee serves as a volunteer emergency services provider, including volunteer firefighters and volunteer emergency medical technicians, or joins a volunteer emergency unit or organization. The bill also requires employees to give written notice of their volunteer status within specified timeframes and allows employers to require advance authorization if an absence would jeopardize public safety or an essential function.
The bill further protects employees who are late or absent from work while responding to an emergency as part of their volunteer duties, so long as they notify the employer as soon as possible and meet the bill’s conditions. Employers may request written verification from the volunteer organization, and employees may not claim regular pay for time missed while volunteering. The bill also gives covered employees a civil cause of action for wrongful termination, with remedies including reinstatement, back pay, fringe benefits, seniority rights, attorney fees, and costs, and it sets a one-year deadline to file suit.
Impact
HB 128 amends Montana employment law by adding new protections in Title 2, chapter 18, part 6 for public and private employees who serve as volunteer emergency responders, and it ties enforcement to the wrongful-termination remedies in Title 39, chapter 2, part 3. It affects employers by limiting termination decisions based on volunteer emergency service and by requiring accommodation of emergency-response absences under defined conditions. It also defines the covered workers and clarifies that the law applies to volunteer firefighters, members of volunteer fire departments, and volunteer EMTs who are not paid full-time for those services.
Sentiment
The bill appears to have broad bipartisan support and generally favorable sentiment. It passed the House and Senate with strong margins, including unanimous or near-unanimous committee votes and large floor majorities in both chambers. The voting record suggests lawmakers largely agreed with the goal of protecting volunteer emergency responders and supporting local emergency response capacity.
Contention
The main points of potential contention are the limits on employer control and the balance between workplace obligations and emergency volunteer service. The bill allows employers to require prior authorization when an absence could imperil public safety or prevent an essential function, which reflects concern about operational disruption. Another possible issue is the civil cause of action and associated remedies, which could raise employer concerns about litigation exposure, reinstatement obligations, and attorney-fee awards. Even so, the recorded votes indicate little organized opposition.
Exempts certain volunteer first responders from coverage under "unemployment compensation law"; excludes from gross income amounts received for certain volunteer emergency services.